Supreme Court Grants Divorce To Couple Living Separately For Two Decades Invoking Article 142 Despite Wife's Objection

The Supreme Court has granted divorce to a couple living separately for over two decades on the grounds of irretrievable breakdown of marriage, exercising powers under Article 142 of the Constitution of India.

The Court was considering an Appeal against an order of the Punjab & Haryana High Court affirming the dismissal of Petition filed by Husband seeking dissolution of marriage.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held, "We have given our thoughtful consideration to the submissions advanced on behalf of both parties. It is undisputed that the parties have been living separately for about twenty years. The strain in the marital relationship is evident from the facts of the case and the averments made by the appellant-husband. Despite opportunities, including reference to the Supreme Court Mediation Centre, no amicable settlement could be arrived at. At this stage, there appears to be no possibility of reconciliation between the parties. The continuance of the marital bond, in such circumstances, would serve no meaningful purpose and would only prolong the agony of both parties. We are therefore of the considered view that this is a fit case where the marriage has irretrievably broken down, warranting exercise of this Court’s powers under Article 142 of the Constitution of India."

The Appellant was represented by Advocate Deepkaran Dalal, while the Respondent was represented by Advocate-on-Record Chritarth Palli.

The Parties, both teachers by profession, were married on 22nd June 2003. The Appellant-Husband contended that the marriage was strained. In October 2004, the Parties shifted to Ropar, Punjab, when the Appellant-Husband was posted at Government Senior Secondary School, Kariha. In February 2005, the Appellant-Husband met with an accident and remained under medical treatment for about a week.

It was his case that during this period, the Respondent-Wife neither attended to him nor took any care of him. He further alleged that she attempted to procure his signatures on certain documents under duress, which led him to institute a civil suit seeking injunction against her and her family members. Subsequently, the said suit was withdrawn pursuant to a compromise between the parties.

Later, the Trial Court dismissed Appellant-Husband's Petition under Section 13 of the Hindu Marriage Act, 1955, seeking divorce on the grounds of cruelty and desertion holding that he had failed to establish the allegations levelled against the Respondent-Wife

The Court granted the divorce to the Couple despite wife's denial of the allegations of cruelty levelled against her and objection to the Appeal. It also ordered for a permanent alimony of ₹20,00,000/-.

The Appeal was accordingly allowed.

Cause Title: Jatinder Kumar v. Jeewan Lata

Appearances:

Appellant- Advocates Deepkaran Dalal and Raunaq Dalal, Advocate-on-Record Deepkaran Dalal

Respondent- Advocate-on-Record Chritarth Palli

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