Case Note & Summary
The marriage between the parties, solemnised in 2012, survived only for a brief period, after which they began living separately. For more than thirteen years, the parties remained estranged and were involved in extensive litigation across various forums, including matrimonial, civil and criminal proceedings. Multiple attempts at reconciliation and mediation, including before the Supreme Court, failed to yield any settlement. The wife approached the Supreme Court seeking dissolution of marriage by invoking the extraordinary jurisdiction under Article 142 of the Constitution of India, contending that the marriage had irretrievably broken down. The husband opposed the prayer and refused consent for divorce.The Supreme Court, after examining the length of separation, the conduct of parties and the futility of continuing the marital relationship, held that the marriage had completely and irretrievably broken down and had become a mere legal fiction. Relying upon its plenary powers under Article 142, the Court dissolved the marriage to do complete justice between the parties and to bring finality to the prolonged matrimonial dispute.
Headnote
A) Family Law – Hindu Marriage Act, 1955 – Irretrievable breakdown of marriage – Long separation – Prolonged matrimonial litigation – Marriage solemnised in 2012 – Parties lived together only for a short period and have been living separately for more than 13 years – Multiple civil, criminal and matrimonial proceedings filed against each other – Mediation efforts including before Supreme Court failed – Wife sought dissolution of marriage invoking Article 142 – Husband opposed grant of divorce – Supreme Court examined factual matrix, length of separation and parties’ conduct – Found marriage to be completely dead and beyond salvage – Held that continuance of marriage would amount to sustaining a legal fiction – Marriage dissolved in exercise of plenary powers despite absence of irretrievable breakdown as a statutory ground (Paras 18–27). B) Constitutional Law – Article 142 of Constitution of India – Exercise of power to do complete justice – Dissolution of marriage without mutual consent – Irretrievable breakdown not a ground under Hindu Marriage Act – Supreme Court reiterated its extraordinary jurisdiction under Article 142 – Consent of both parties not sine qua non where marriage is wholly unworkable – Consideration of prolonged separation, bitter litigation and impossibility of reconciliation – Directions issued to bring quietus to all pending disputes – Held: Exercise of Article 142 power justified to secure just, equitable and complete justice in matrimonial disputes – Marriage dissolved accordingly (Paras 28–36).
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Issue of Consideration: The Issue of Consideration was whether the Supreme Court should exercise its extraordinary jurisdiction under Article 142 of the Constitution of India to dissolve the marriage between the parties on the grounds of irretrievable breakdown, and whether the transfer petition should be allowed
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Final Decision
The Supreme Court allowed the transfer petition, transferring the proceedings under Section 340 CrPC from Family Court, Delhi to Family Court, Lucknow, and dissolved the marriage between the parties under Article 142 of the Constitution of India on grounds of irretrievable breakdown of marriage.
