Summary
After twenty-two years’ separation and unsuccessful reconciliation, the Court dissolved the marriage for irretrievable breakdown under Article 142 without deciding the spouses’ rival cruelty allegations. Their children were adults and gainfully employed. Considering the husband’s career and estate, permanent alimony of Rs.50 lakh was ordered in five instalments. The divorce decree was to be handed over only upon proof of full payment.
Issues
- Whether the prolonged separation and failed reconciliation justified Article 142 dissolution.
- What permanent alimony and payment conditions would secure complete justice.
Provisions considered
- Article 142(1), Constitution of IndiaThe Court exercised case-specific discretion to dissolve an irretrievably broken marriage after considering separation, reconciliation attempts, adult children and financial provision. (¶¶ 5, 6, 7, 8, 9, 10)
Held
- Article 142 divorce for irretrievable breakdown is discretionary, not a matter of right. The Court applied Shilpa Sailesh’s holistic approach, including duration of cohabitation and separation, reconciliation efforts and economic safeguards for the spouse and children. (¶¶ 5, 6)
- The parties had last cohabited in January 2002 and remained separated for twenty-two years. Further efforts disclosed no prospect of reunion; both children were adults earning their living. Continued formal union was neither justified nor desirable on the totality of these facts. (¶¶ 6, 7)
- Divorce was granted without expressing an opinion on the merits of either party’s allegations. Based on the husband’s previous managerial employment with multinational companies and his estate, Rs.50 lakh permanent alimony was directed. (¶¶ 8, 9)
- Payment was ordered in five equal Rs.10 lakh instalments on 15 May, 15 June, 15 July, 15 August and 15 September 2024. The Registry must prepare the decree but hand it to the parties only after receiving proof of full payment. (¶¶ 9, 10)
- The appeal was allowed in those terms and pending applications disposed of. (¶¶ 10, 12)
Result
Appeal allowed; marriage dissolved under Article 142. Rs.50 lakh alimony payable in five specified instalments; decree delivery conditioned on proof of full payment.