The Supreme Court dissolved the marriage between the Petitioner-wife and Respondent-husband under Article 142(1) of the Constitution of India, recognizing the irretrievable breakdown of the marriage and aiming to provide justice by safeguarding the interests of their minor child through directed financial support.

Key Facts and Arguments:

1. Transfer Petition (Para 1):

   • Issue: The Petitioner-wife sought transfer of HMA No. 428 of 2023 proceedings from Roorkee to Patiala House Courts, New Delhi.

2. Parties & Background (Para 2-3):

   • The marriage was solemnized on 12.05.2013, and a daughter was born on 18.05.2016. The Respondent-husband alleged the Petitioner-wife neglected her marital duties, while the Petitioner-wife claimed the husband failed to provide care, leading her to reside at her parental home since 2019.

3. Failed Mediation (Para 4):

   • Mediation efforts failed, with both parties admitting that their marriage had irretrievably broken down.

4. Grounds for Article 142 Application (Para 5):

   • Precedent: Citing Shilpa Sailesh v. Varun Sreenivasan, the Court underscored its power under Article 142(1) to dissolve marriages in cases of irretrievable breakdown.

5. Financial Security & Custody Arrangements (Para 6):

   • The daughter, residing with the Petitioner since 2019, was financially secured through a fixed deposit of Rs. 7,00,000 and an additional Rs. 13,00,000 to be paid by the Respondent. The agreement to provide alimony aligns with the best interests of the child and considers the Petitioner's employment status and income.

6. Decree of Divorce (Final Order):

   • Outcome: Dissolution of marriage by decree, financial security ensured for the minor child, and divorce granted under Article 142(1).

Acts and Sections Discussed:

• Hindu Marriage Act, 1955: Section 13(1)(i-a) - Grounds for Divorce
• Constitution of India: Article 142(1) - Power of the Supreme Court to do "complete justice"

Ratio Decidendi:

The Court emphasized that in situations where marital relations have entirely broken down with no prospect of reconciliation, it is within the Court's power under Article 142 to dissolve the marriage. The decision protects the minor’s financial security, ensuring that the outcome serves justice comprehensively.

Subjects:

Family Law, Divorce, Irretrievable Breakdown of Marriage, Custody, Financial Support

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