Parties Have Spent Their Adult Lives Fighting Marital Battles In Courtrooms: Supreme Court Grants Divorce On Ground Of Irretrievable Breakdown Of Marriage
The Supreme Court dissolved the marriage between the parties in exercise of power under Article 142 of the Constitution.
Justice Vikram Nath, Justice Prasanna B. Varale, Supreme Court
While remarking that the parties have already spent a large number of years of their adult lives fighting marital battles in the courtrooms, the Supreme Court granted a divorce on the ground of irretrievable breakdown of marriage.
The Court, invoking its powers under Article 142 of the Constitution, dissolved the marriage between the parties after noting that the relations between the parties had “evidently grown sour beyond the point of return and such a long period of separation has turned these differences irreconcilable.”
A Bench of Justice Vikram Nath and Justice Prasanna B Varale held that “It is unfortunate that the parties have already spent a large number of years of their adult lives fighting marital battles in the courtrooms. The parties are currently placed in their early forties and still have a considerable natural life ahead of them to look forward to. It is evident that in the instant case, the marital discord has reached to a point of no remedy and there is an irretrievable breakdown of marriage. Therefore, no purpose shall be served by insisting for the parties to continue a marital relation which is already dead and we are, accordingly, inclined to allow the application preferred by the husband and grant divorce on the ground of irretrievable breakdown of marriage.”
AOR Pawanshree Agrawal represented the Appellant, while Advocate Nishant Awana appeared for the Respondent.
Brief Facts
The Judicial Magistrate had directed the husband to pay maintenance to the wife under Section 125 of the CrPC. Later, the wife filed another complaint under the Protection of Women from Domestic Violence Act, 2005 (DV Act), following which the Judicial Magistrate granted her additional maintenance.
Meanwhile, the husband sought divorce, but the Family Court dismissed his Petition and instead allowed the Wife’s Petition for restitution of conjugal rights.
Court’s Reasoning
The Supreme Court noted that “it is an admitted fact that the parties have been living separately since December, 2007, i.e. for more than last 17 years. Even back then, the parties had stayed together for a brief period of about 14 months and there is no issue out of the wedlock.”
After considering the financial status of both parties, the Bench fixed the permanent alimony at Rs. 40,00,000 payable in four equal monthly installments of Rs. 10,00,000 each, with the first due within a month. The Court directed that the Registry would draw the divorce decree only upon proof of full payment.
Consequently, the Court held, “Accordingly, the instant appeal is allowed and the impugned order dated 28.11.2022 is set aside. The marriage between the parties is dissolved and a decree of divorce is granted in their favour by this Court in exercise of power under Article 142 of the Constitution of India. Further, permanent alimony of Rs.40 lakhs (Rupees Forty lakhs only) is awarded to the respondent-wife to be paid by the appellant- husband as noted above.”
Accordingly, the Supreme Court allowed the Appeal.
Cause Title: X v. Y & Anr. (Neutral Citation: 2025 INSC 413)
Appearance:
Appellant: AOR Pawanshree Agrawal
Respondent: AOR Azmat Hayat Amanullah and Sudarshan Singh Rawat; Advocates Nishant Awana, Rebecca Mishra, Ajay Kumar Bahuguna and Saakshi Singh Rawat