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
- Whether the marriage could be dissolved on the ground of irretrievable breakdown despite that ground not being an ordinary statutory ground for divorce.
- Whether the facts justified exercise of the Supreme Court’s Article 142 power to dissolve the marriage.
Provisions considered
- Article 142(1), Constitution of IndiaThe Court used its discretionary power to do complete justice and dissolve a marriage found to be unworkable, with no prospect of the parties resuming cohabitation. The power was applied to the particular circumstances, including prolonged separation and non-participation despite service. (¶¶ 13, 14, 15, 16)
Held
- Dissolution for irretrievable breakdown under Article 142 is discretionary, not a matter of right. The Court must be satisfied on the facts that the marriage is beyond repair, dissolution is the only way forward, and the circumstances of the party opposing dissolution are balanced. (¶ 14)
- The parties had lived separately for almost 13 years without contact, and the respondent did not appear despite service in successive proceedings. On this record there was no possibility of resuming marital life, making this a fit case for exercise of Article 142. (¶¶ 11, 12, 15)
Result
The appeal was allowed and the marriage was dissolved by a decree of divorce under Article 142(1) of the Constitution.