The Supreme Court allowed the husband's appeal seeking divorce from his wife. The parties were married in 2003 and had been living separately since 2005. The husband had previously filed petitions under Section 9 (restitution of conjugal rights) and Section 13 (divorce on grounds of cruelty and desertion) of the Hindu Marriage Act, 1955, which were dismissed by the Trial Court and High Court. Before the Supreme Court, the husband argued that the marriage had irretrievably broken down due to nearly two decades of separation. The wife denied allegations of cruelty and opposed divorce. The Court found that the marriage had indeed irretrievably broken down with no possibility of reconciliation. Exercising powers under Article 142 of the Constitution of India, the Court dissolved the marriage and directed the husband to pay ₹20,00,000/- as permanent alimony to the wife. All pending proceedings between the parties were closed.
A) Family Law – Hindu Marriage Act, 1955 – Sections 9 & 13- Husband filed petition for restitution of conjugal rights – Dismissed by trial court – Petition for dissolution of marriage on grounds of cruelty and desertion – Also dismissed – Appeal before High Court – Dismissal upheld – Supreme Court observed separation of nearly 20 years – All settlement efforts failed – Marriage held to be irretrievably broken down (Paras 4.5–4.8).
B) Constitutional Law – Article 142 of the Constitution of India
Exercise of powers to do complete justice – Parties agreed to dissolve irretrievably broken marriage amicably – Supreme Court invoked Article 142 – Full and final settlement recorded – Marriage dissolved to ensure equitable outcome (Paras 8–10).
The Supreme Court allowed the appeal and dissolved the marriage between the parties under Article 142 of the Constitution of India -- The Court held that the marriage had irretrievably broken down as the parties had been living separately for about twenty years with no possibility of reconciliation -- The Court directed the appellant-husband to pay ₹20,00,000/- as permanent alimony to the respondent-wife within two months -- The impugned orders of the High Court and Trial Court were set aside -- The decree of divorce was granted subject to payment of alimony
The Supreme Court allowed the appeal and dissolved the marriage between the parties under Article 142 of the Constitution of India -- The Court directed the appellant-husband to pay ₹20,00,000/- to the respondent-wife as permanent alimony within two months -- The impugned orders of the High Court and Trial Court were set aside -- All pending civil or criminal proceedings between the parties were closed
Citation: 2025 LawText (SC) (12) 70
Case Number: CIVIL APPEAL NO. OF 2025 (ARISING OUT OF SLP (C) NO. 35588 of 2025 @ D.17190 OF 2024)
Date of Decision: 2025-12-18
Case Title: The Issue of whether the marriage between the parties had irretrievably broken down warranting exercise of powers under Article 142 of the Constitution of India for dissolution, and the determination of permanent alimony
Before Judge: Vikram Nath J. , Sandeep Mehta J.
Advocate(s): DEEPKARAN DALAL
Appellant: Jatinder Kumar
Respondent: Jeewan Lata
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
