Supreme Court Dissolves Marriage Under Article 142 Due to Irretrievable Breakdown -- Husband Directed to Pay Permanent Alimony in Hindu Marriage Act Case

Nature of Litigation: Matrimonial dispute seeking dissolution of marriage

Remedy Sought

The appellant-husband sought divorce from the respondent-wife on grounds of cruelty and desertion, and alternatively under Article 142 of the Constitution of India due to irretrievable breakdown of marriage

Filing Reason

The husband alleged that the marriage was strained, the wife did not care for him during his illness, attempted to procure his signatures under duress, and deserted the matrimonial home in 2005

Previous Decisions

The Trial Court dismissed the husband's divorce petition on 14th August 2012 -- The High Court dismissed the husband's appeal on 28th February 2014 -- Both courts held that the husband failed to establish allegations of cruelty and desertion against the wife

Issues

Whether the marriage between the parties had irretrievably broken down warranting exercise of powers under Article 142 of the Constitution of India for dissolution What amount of permanent alimony should be awarded to the wife upon dissolution of marriage

Submissions/Arguments

The appellant-husband submitted that the marriage had irretrievably broken down as the parties had been living separately for nearly two decades with irreconcilable differences -- He urged the Court to dissolve the marriage under Article 142 of the Constitution of India The respondent-wife submitted that the husband had not made sincere efforts to reconcile -- She denied allegations of cruelty and contended that the case did not warrant exercise of powers under Article 142 of the Constitution of India

Ratio Decidendi

When parties have been living separately for a prolonged period (about twenty years in this case) with no possibility of reconciliation, the marriage can be considered to have irretrievably broken down -- In such circumstances, the Supreme Court can exercise its powers under Article 142 of the Constitution of India to dissolve the marriage to prevent prolongation of agony -- Permanent alimony should be determined considering the respective positions of parties, duration of separation, and other attendant circumstances

Judgment Excerpts

Held: 'We are therefore of the considered view that this is a fit case where the marriage has irretrievably broken down, warranting exercise of this Court's powers under Article 142 of the Constitution of India.' (Para 8) Held: 'Keeping in view the respective positions of the parties, their long separation, and other attendant circumstances, we are of the view that a sum of ₹20,00,000/- would be a just and reasonable amount towards permanent alimony...' (Para 9) Held: 'Accordingly, in exercise of the powers conferred under Article 142 of the Constitution of India, the marriage between the parties is dissolved...' (Para 10)

Procedural History

The parties married on 22nd June 2003 -- In 2005, the wife left the matrimonial home -- The husband filed a petition under Section 9 of Hindu Marriage Act, 1955 in 2005 (withdrawn in 2007) -- The husband filed a divorce petition under Section 13 of Hindu Marriage Act, 1955 on 14th December 2009 -- The Trial Court dismissed the divorce petition on 14th August 2012 -- The High Court dismissed the appeal on 28th February 2014 -- The Supreme Court granted leave and heard the appeal on 18th December 2025