Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | C.A. No.-014905-014905 – 2025 |
| Diary Number | 17190/2024 |
| Judge Name | HON’BLE MR. JUSTICE VIKRAM NATH |
| Bench | HON’BLE MR. JUSTICE VIKRAM NATH; HON’BLE MR. JUSTICE SANDEEP MEHTA |
| Precedent Value | Binding authority |
| Overrules / Affirms | Affirms existing exercise of Article 142 jurisdiction |
| Type of Law | Family Law; Constitutional Law |
| Questions of Law | Whether the Supreme Court can dissolve a marriage under Article 142 of the Constitution on the ground of irretrievable breakdown, and award alimony as a lump sum. |
| Ratio Decidendi | The Supreme Court can invoke its extraordinary jurisdiction under Article 142 to dissolve a marriage if it is shown to have irretrievably broken down. Long-standing separation (nearly two decades), failed mediation efforts, and absence of reconciliation justify such relief. The Court may also determine and award a lump-sum alimony as part of the final decree. This power operates notwithstanding that “irretrievable breakdown” is not a statutory ground under the Hindu Marriage Act. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | The judgment reasons that prolonged separation and failed attempts at reconciliation render the marital bond meaningless. Article 142’s plenary power extends to family disputes where statutory remedies are inadequate. |
| Facts as Summarised by the Court | Parties married in 2003; no children. Wife left matrimonial home in 2005. Husband’s petitions under Sections 9 and 13 of the Hindu Marriage Act dismissed by Trial Court and High Court. Separation exceeds twenty years with no possibility of reconciliation. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | High Courts |
| Follows | Supreme Court precedents affirming Article 142 jurisdiction |
What’s New / What Lawyers Should Note
- Confirms that “irretrievable breakdown” of marriage, though not a statutory ground, can be the basis for divorce under Article 142.
- Affirms the Court’s power to award lump-sum alimony when exercising Article 142 jurisdiction.
- Establishes that long-term living apart and failed mediation suffice to show irretrievable breakdown.
- Directs closure of all pending civil and criminal proceedings between the parties upon payment of alimony.
Summary of Legal Reasoning
- Parties have lived separately for about twenty years, with no reconciliation despite mediation efforts.
- Continued marital bond serves no meaningful purpose; the condition satisfies irretrievable breakdown.
- Article 142 of the Constitution confers plenary power to render complete justice—here, dissolution of marriage.
- In determining alimony, the Court considered the parties’ professions, separation duration, and proposed settlement; fixed lump sum of ₹20 lakhs.
- All pending proceedings between the parties are closed as part of final settlement under Article 142.
Arguments by the Parties
Petitioner (Husband):
- Marriage has irretrievably broken down after two decades of separation.
- Statutory remedies have been exhausted; extraordinary relief under Article 142 is warranted.
Respondent (Wife):
- No genuine effort by husband to reconcile.
- Allegations of cruelty are denied; extraordinary jurisdiction should not be invoked.
Factual Background
The parties were married in June 2003; no children resulted. In 2005, the wife left the matrimonial home and never returned. The husband’s petition for restitution of conjugal rights under Section 9 and divorce on cruelty and desertion under Section 13 of the Hindu Marriage Act were both dismissed. Living apart for nearly twenty years and unsuccessful mediation led the husband to seek dissolution under Article 142 of the Constitution.
Statutory Analysis
- Section 9, Hindu Marriage Act, 1955: Petition for restitution of conjugal rights was withdrawn without success.
- Section 13, Hindu Marriage Act, 1955: Petition for divorce on cruelty and desertion dismissed for failure to prove grounds.
- Article 142, Constitution of India: Plenary power to pass “complete” or “extraordinary” relief, here applied to grant divorce and alimony despite absence of irretrievable breakdown in statute.
Dissenting / Concurring Opinion Summary
No separate dissenting or concurring opinions were recorded.
Procedural Innovations
None beyond reaffirmation of existing Article 142 jurisdiction.
Alert Indicators
- ✔ Precedent Followed – Court reaffirms its established power under Article 142 to dissolve marriages on irretrievable breakdown.