Summary
The Supreme Court dissolved a marriage under Article 142 of the Constitution on the ground that it had irretrievably broken down, the spouses having lived apart for about fifteen years and the husband having remarried, and set aside the High Court order that had reversed the Family Court's decree of divorce. The husband was directed to pay Rs. 1.25 crore as one-time permanent alimony in five quarterly instalments.
Issues
- Whether the marriage should be dissolved by invoking Article 142 of the Constitution on the ground of irretrievable breakdown, after mediation had failed.
- What permanent alimony should be awarded to the wife and son as a condition of the decree.
Provisions considered
- Article 142, Constitution of IndiaOn the husband's application, the Court invoked its power to do complete justice to dissolve the marriage, finding no possibility of reconciliation: the parties had lived separately since 2010, mediation had failed, and the husband had remarried in 2017. The decree was made conditional on payment of permanent alimony. (¶¶ 5, 6, 7, 9)
- Section 13(1)(ia) and (ib), Hindu Marriage Act, 1955The husband's petition sought divorce on the grounds of cruelty and adultery; the Family Court granted divorce on cruelty alone, and the High Court reversed it, holding that rude utterances by the wife's father could not be attributed to the wife. The Court did not re-examine these grounds, instead dissolving the marriage under Article 142. (¶¶ 3.3, 3.4, 3.7)
Held
- Where the spouses have lived apart for nearly fifteen years, mediation has failed, neither party shows any inclination to resolve differences and one spouse has remarried, there is no vestige of the matrimonial relationship and the marriage has irretrievably broken down; this is a fit case for dissolving the marriage under Article 142 of the Constitution. (¶¶ 6, 7)
- As the husband had not provided financial support over the years, a one-time lump sum of Rs. 1,25,00,000 was awarded as permanent alimony to the wife and son in full satisfaction of all her claims, payable in five equal quarterly instalments of Rs. 25,00,000 beginning 15.09.2025; the decree is to be drawn up only on proof of payment, and default in any instalment recalls the order with forfeiture of amounts already paid. (¶¶ 8, 9, 10, 11)
Result
Appeal allowed; High Court order set aside; marriage dissolved under Article 142 subject to payment of Rs. 1.25 crore permanent alimony in five quarterly instalments (last by 15.09.2026); decree to be drawn on proof of payment; pending applications disposed of.