Do Not Have Any Emotional Connect: Supreme Court Grants Divorce On Ground Of Irretrievable Breakdown Of Marriage
|The Apex Court was considering an appeal agaisnt the impugned judgment setting aside a decree of divorce.
Highlighting the fact that the husband and wife do not have any emotional connect with each other, the Supreme Court exercised its jurisdiction under Article 142 of the Constitution of India and directed the dissolution of their marriage on the ground of irretrievable breakdown of marriage.
The Apex Court was considering an appeal against the impugned judgment setting aside the decree of divorce.
The Division Bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar held, “It is apparent that the marriage between the appellant, R. Annamalai, and the respondent, Lalitha Subanam, has irretrievably broken down. They do not have any emotional connect with each other.”
Senior Advocate S. Nagamuthu represented the Appellant while AOR Manju Jetley represented the Respondent.
Factual Background
The appellant-husband and the respondent-wife got married in the year 2000. The sister of the appellant-husband got married to the brother of the respondent-wife on the same day. For several reasons, the respondent-wife started residing separately in the year 2006. Litigation also commenced with the appellant-husband filing a petition under Section 9 in 2006 and, thereafter, under Section 13 of the Hindu Marriage Act, 1955. These petitions were subsequently withdrawn.
The parties lived together for some time after the initial breakup, but again separated and have not been residing with each other anymore. In 2012, the appellant husband filed a petition for divorce before the Family Court, Madurai and a decree of divorce was passed. The respondent-wife preferred an appeal, which was allowed thereby setting aside the decree of divorce. It was this order which was challegned before the Apex Court.
Reasoning
The Bench noted that during the pendency of the present appeal, several attempts were made at mediation to settle the matter, but they were not successful. The Bench considered the fact that the marriage had irretrievably broken down and the parties didn’t have any emotional connection with each other.
“In these circumstances, we exercise our jurisdiction under Article 142 of the Constitution of India and direct dissolution of the marriage between the appellant, R. Annamalai, and the respondent, Lalitha Subanam, on the ground of irretrievable breakdown of marriage”, the Bench ordered.
It was also noted that the appellant husband had agreed to pay an amount of Rs 25 lakh to the respondent wife. The said amount has been asked to be deposited before the Family Court, Madurai, within 8 weeks. “In case the amount is not deposited within the time specified, the appellant, R. Annamalai, shall pay interest at the rate of 7% per annum, compounded annually, from the date of this order till the date the payment is made”, it ordered while allowing the appeal and setting aside the impugned judgment.
Cause Title: A v. B (Neutral Citation: 2025 INSC 513)
Appearance:
Appellant: Senior Advocate S. Nagamuthu, AOR M.P. Parthiban, Advocates Ankur Prakash, Priyanka Singh, Bilal Mansoor, Shreyas Kaushal, S. Geyolin Selvam, Alagiri K.
Respondent: AOR Manju Jetley, Advocates V.R. Venkatesh, S.D. Dwarakanath