Case Note & Summary
The Supreme Court heard an appeal against the High Court order affirming divorce decree granted on ground of desertion under Hindu Marriage Act 1955 -- Both parties expressed willingness for divorce by mutual consent -- The Court found marriage had irretrievably broken down with no scope for reconciliation -- Exercising powers under Article 142 of Constitution of India, the Court set aside desertion-based decree and granted divorce by mutual consent -- The Court awarded Rs. 25 lakhs as permanent alimony considering both parties were working professionals -- The amount was to be deposited within two months and would constitute full and final settlement -- All pending civil or criminal proceedings between parties were directed to be closed.
Headnote
A] Family Law - Hindu Marriage Act-1955-Section13-Divorce on ground of desertion-issue of whether appellant-wife deserted husband when she left matrimonial home and went abroad- Family Court granted divorce on ground of desertion after continuous absence for over two years without consent-High Court upheld Decree-Supreme Court examined factual matrix,parties conduct and found that separation was long standing and parties agreed to dissolution by mutual consent-held that decree of divorce on ground of desertion is set aside and marriage dissolved by mutual consent under article 142 for complete justice ( Paras 3.4,3.6,3.8,5.8). B] Constituional Law -Article 142 of Constituion of India-exercise of powers to do complete justice-parties agreed to dissolve irretrievably broken marriage amicably-Supreme Court utilized Article 142 powers to dissolve marriage by mutual consent notwithstnading existence of a decree on different ground-also adjudicated on permanent alimoney-ordered lump sum payment as full and final settlement-Held : Exercise of Article 142 powers to ensure just and equitable outcome in matrimonial disputes is justified and marriage dissolved accordingly (Paras 7-12)
Issue of Consideration
The Issue of permanent alimony also arises for consideration
Final Decision
The appeal was disposed of -- The decree on ground of desertion was set aside -- The marriage was dissolved by mutual consent exercising powers under Article 142 of Constitution of India -- Rs. 25 lakhs was awarded as permanent alimony to be paid within two months -- All pending proceedings between parties were directed to be closed.
Law Points
- Article 142 of Constitution of India grants Supreme Court power to do complete justice
- Hindu Marriage Act 1955 governs divorce proceedings
- desertion requires proof of abandonment without reasonable cause
- mutual consent divorce requires agreement between parties
- permanent alimony determined based on financial status of parties
