Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | C.A. No.-014904-014904 – 2025 |
| Diary Number | 47059/2024 |
| Judge Name | HON’BLE MR. JUSTICE VIKRAM NATH |
| Bench |
|
| Precedent Value | Binding Authority |
| Type of Law | Matrimonial Law (Hindu Marriage Act 1955; Article 142 Constitution of India) |
| Questions of Law | Whether the Supreme Court can, under Article 142, dissolve a marriage by mutual consent in proceedings instituted on another ground (desertion)? |
| Ratio Decidendi | The Supreme Court may, in exercise of its powers under Article 142, set aside a decree of divorce granted on grounds of desertion and dissolve the marriage by mutual consent when both parties unequivocally desire it, there is an irretrievable breakdown of marriage, and reconciliation efforts have failed. Complete justice between the parties can be achieved by exercising constitutional powers to grant a consent-based decree and settling alimony by a lump-sum award. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Article 142 of the Constitution; facts of irretrievable breakdown; financial status and willingness of both parties to end the marriage |
| Facts as Summarised by the Court |
|
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | High Courts |
| Overrules | Decree of divorce on grounds of desertion granted by Family Court in C.P. Case No. 65 of 2022 and affirmed by High Court in MATA No. 279 of 2023 |
What’s New / What Lawyers Should Note
- Supreme Court can directly invoke Article 142 to dissolve marriage by mutual consent even if the original petition was on grounds of desertion.
- A decree granted on grounds of desertion may be set aside when both spouses seek dissolution by consent and irretrievable breakdown is established.
- Courts may order a one-time lump-sum alimony payment to achieve finality of all matrimonial claims.
- Upon compliance, all pending civil and criminal proceedings arising from the matrimonial dispute are to be closed.
Summary of Legal Reasoning
- Parties have lived separately for an extended period, without successful reconciliation efforts.
- Both spouses expressed an unequivocal desire to end the marriage and consent to mutual dissolution.
- The irretrievable breakdown of marriage justifies exercising Article 142 for mutual-consent divorce.
- The decree on the ground of desertion is set aside to allow a consent-based dissolution.
- Considering both are working professionals, a lump-sum payment of ₹25 lakhs is appropriate for permanent alimony.
- All pending proceedings between the parties—civil or criminal—shall stand closed upon compliance.
Arguments by the Parties
Petitioner (Appellant-Wife):
- Willing to dissolve marriage by mutual consent.
- Denied desertion; departure in January 2020 was for professional reasons and to visit her brother.
- Remained open to communication throughout.
Respondent (Respondent-Husband):
- Agreed to mutual consent dissolution under Article 142.
- No objection to setting aside the desertion decree and ending the marriage by consent.
Factual Background
The spouses married in December 2014; the wife, initially posted in the US, returned to India in February 2017. After cohabiting in Bangalore, differences arose and the wife traveled abroad again in 2021. The husband petitioned for divorce on the ground of desertion, alleging she left in January 2020 and never returned. The wife contested, claiming hostile environment and professional obligations. The Family Court granted divorce for desertion in August 2023; the High Court affirmed in August 2024. Both parties now seek dissolution by mutual consent before the Supreme Court.
Statutory Analysis
- Section 13, Hindu Marriage Act 1955: Divorce on grounds including desertion. The original petition was under this provision.
- Article 142, Constitution of India: Supreme Court’s power to pass any decree or order necessary to do complete justice. The Court invoked this to grant mutual-consent divorce and settle ancillary claims.
Procedural Innovations
- First instance of the Supreme Court setting aside a decree for divorce on desertion and substituting it with a mutual-consent decree under Article 142.
- Introduction of a one-time lump-sum alimony award in a constitutional-power dissolution.
- Directive for registry to close all pending proceedings upon proof of payment, ensuring finality.
Alert Indicators
- ✔ Precedent Followed