VidhiSangh

Supreme Court of India · 17/12/2019

MUNISH KAKKAR versus NIDHI KAKKAR

[2019] 15 S.C.R. 169 · 2019 INSC 1384

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Summary

After prolonged separation, unsuccessful reconciliation and sustained litigation, the Court dissolved the marriage under Article 142 on irretrievable breakdown despite the wife’s lack of consent. It did not treat breakdown as a statutory divorce ground or require a fresh determination of the cruelty allegations. Existing monthly maintenance continued, with liberty to seek variation through appropriate proceedings.

Issues

  1. Whether the circumstances warranted Article 142 dissolution despite absence of mutual consent.
  2. What should happen to existing maintenance.

Held

Result

Appeal allowed with parties bearing their own costs. Marriage dissolved forthwith under Article 142. Monthly maintenance of Rs.7,500 continued, subject to variation through appropriate proceedings.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 169.