VidhiSangh

Supreme Court of India · 24/01/2024

PRAKASHCHANDRA JOSHI versus KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH

[2024] 1 S.C.R. 697 · 2024 INSC 55

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Summary

After nearly 13 years of separation and no contact or response to court summons, the Court found the marriage irretrievably broken down. Exercising its discretion under Article 142, it dissolved the marriage while reiterating that this power depends on the facts and is not a right to divorce on that ground.

Issues

  1. Whether the marriage could be dissolved on the ground of irretrievable breakdown despite that ground not being an ordinary statutory ground for divorce.
  2. Whether the facts justified exercise of the Supreme Court’s Article 142 power to dissolve the marriage.

Provisions considered

Held

Result

The appeal was allowed and the marriage was dissolved by a decree of divorce under Article 142(1) of the Constitution.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 697.