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Supreme Court of India · 04/10/2019

R. SRINIVAS KUMAR versus R. SHAMETHA

[2019] 12 S.C.R. 873 · 2019 INSC 1128

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Summary

Spouses had lived apart for over twenty-two years and efforts at reunion had failed. The Court exercised Article 142 to dissolve their irretrievably broken marriage despite the wife’s opposition, while protecting her financial interests through permanent alimony and continuing maintenance until payment.

Issues

  1. Whether the Supreme Court could dissolve an irretrievably broken marriage under Article 142 without both spouses’ consent.

Held

Result

The appeal was allowed without costs and the marriage dissolved under Article 142, conditional on the husband paying ₹20 lakh permanent alimony directly by demand draft within eight weeks. Existing maintenance was to continue until payment.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 873.