Case Note & Summary
The appellant husband and respondent wife were married on 09.05.1993 and had a male child on 29.08.1995. Due to differences, the wife stayed at her parental home multiple times up to 1997. The husband filed a divorce petition in 1999 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, alleging cruelty. The Family Court dismissed the petition, finding no proof of cruelty and refusing to grant divorce on irretrievable breakdown of marriage. The High Court affirmed this decision. The husband appealed to the Supreme Court. The Supreme Court noted that the parties had been living separately for 22 years, making the marriage irretrievably broken. The husband's counsel argued for divorce under Article 142, citing precedents like Naveen Kohli v. Neelu Kohli and Samar Ghosh v. Jaya Ghosh, and offered to pay Rs. 20,00,000 as permanent alimony. The wife opposed, arguing that divorce on irretrievable breakdown requires both parties' consent. The Supreme Court rejected this argument, holding that Article 142 can be invoked precisely when one party does not consent, to do substantial justice. The Court dissolved the marriage under Article 142, directing the husband to pay Rs. 20,00,000 as lump sum permanent alimony within eight weeks, with continued maintenance until payment.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Article 142 of the Constitution of India - Dissolution of Marriage - The Supreme Court can dissolve a marriage on the ground of irretrievable breakdown of marriage under Article 142 even without the consent of one party, provided the marriage is beyond repair and all efforts at reconciliation have failed. The Court held that where parties have been living separately for a long period (22 years) and there is no possibility of reunion, it is a fit case to exercise powers under Article 142 to do substantial justice. (Paras 5-7) B) Family Law - Permanent Alimony - Article 142 of the Constitution of India - Financial Protection of Wife - While dissolving a marriage under Article 142, the Court must protect the financial interests of the wife by directing payment of lump sum permanent alimony. In this case, the husband agreed to pay Rs. 20,00,000 as permanent alimony, and the Court directed payment within eight weeks, with continued maintenance until payment. (Paras 6-8)
Issue of Consideration
Whether the Supreme Court can dissolve a marriage on the ground of irretrievable breakdown of marriage under Article 142 of the Constitution of India when one party does not consent to the divorce.
Final Decision
Appeal allowed. Marriage dissolved under Article 142 of the Constitution of India. Appellant to pay Rs. 20,00,000 as lump sum permanent alimony to respondent within eight weeks, with continued maintenance until payment. No costs.
Law Points
- Irretrievable breakdown of marriage
- Article 142 of the Constitution of India
- Permanent alimony
- Dissolution of marriage without mutual consent
