VidhiSangh

Supreme Court of India · 13/09/2021

SIVASANKARAN versus SANTHIMEENAL

[2021] 6 S.C.R. 169 · 2021 INSC 467

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Summary

The Court dissolved a marriage that had never been consummated and in which the spouses had lived apart for almost twenty years. Failed reconciliation and the complete breakdown justified exceptional relief under Article 142 despite the wife’s opposition. Independently, her subsequent conduct during the litigation, including repeated proceedings, attempts to procure the husband’s dismissal and workplace harassment, constituted mental cruelty under Section 13(1)(i-a). The appeals were allowed, with each party bearing their own costs.

Issues

  1. Whether the Court should dissolve the irretrievably broken marriage under Article 142 despite absence of mutual consent.
  2. Whether conduct subsequent to institution of the divorce petition established mental cruelty.

Provisions considered

Held

Result

Appeals allowed; marriage dissolved by a decree of divorce under Article 142 and Section 13(1)(i-a). Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 169.