VidhiSangh

Supreme Court of India · 22/04/2025

RAMANUJ KUMAR versus PRIYANKA

[2025] 4 S.C.R. 1502 · 2025 INSC 543

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Summary

The husband's petition for divorce on the grounds of cruelty and mental disorder under Section 13(1)(ia) and (iii) of the Hindu Marriage Act had been dismissed by the Family Court and the High Court. The Supreme Court, finding that the parties had lived apart for over eleven years, that mediation had failed and that neither wished to revive the marriage, dissolved it under Article 142 of the Constitution on the ground of irretrievable breakdown, while granting the wife visitation rights of two days a month with the daughter living with the husband, without deciding custody.

Issues

  1. Whether the marriage should be dissolved under Article 142 of the Constitution on the ground of irretrievable breakdown despite concurrent dismissals of the husband's petition for divorce.
  2. Whether the wife, who had never sought custody or visitation of the elder daughter during a decade of separation, should be granted visitation rights.

Provisions considered

Held

Result

Appeal allowed; marriage dissolved under Article 142 of the Constitution on the ground of irretrievable breakdown; respondent granted visitation rights with the daughter on two days each month at the appellant's residence at his expense; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1502.