The Supreme Court granted divorce under Article 142 on the ground of irretrievable breakdown of marriage, citing 16 years of separation and failed reconciliation. It upheld the husband’s acquittal in a false cruelty case (IPC 498A) and enhanced maintenance to ₹15,000/month for the wife and child, prioritizing dignity over a defunct marital bond.
Facts Of The Case:
The marriage between Pradeep Bhardwaj (appellant-husband) and Priya (respondent-wife) was solemnized on 7 May 2008 in Delhi under Hindu rites. A son was born in 2009, who remained in the wife’s custody. The couple separated in October 2009, just over a year after marriage, and had been living apart for 16 years by the time of the Supreme Court’s judgment. The husband filed for divorce in 2010 under Section 13(1)(a) of the Hindu Marriage Act, 1955, alleging cruelty—accusing the wife of physically abusing him, harassing his ailing mother, and having an extramarital affair. The wife denied these claims, countering that the husband neglected her and their child and abandoned them. The Family Court dismissed the divorce petition (2017), ruling that the husband failed to prove cruelty. The Delhi High Court upheld this decision (2019), rejecting the plea for divorce on grounds of irretrievable breakdown. The husband then appealed to the Supreme Court, highlighting their prolonged separation, failed mediation, and his acquittal in a criminal case (IPC 498A) filed by the wife. The Supreme Court, invoking Article 142, dissolved the marriage, recognizing irretrievable breakdown, and increased maintenance from ₹7,500 to ₹15,000 per month for the wife and child. The judgment emphasized dignity over a dead marriage.
Procedural History:
The case began when the appellant-husband, Pradeep Bhardwaj, filed a divorce petition in 2010 before the Family Court, Tis Hazari, Delhi, under Section 13(1)(a) of the Hindu Marriage Act, 1955, alleging cruelty by the respondent-wife, Priya. The Family Court dismissed the petition in 2017, holding that the husband failed to substantiate his allegations. Aggrieved, the husband appealed to the Delhi High Court in 2018 (MAT.APP.(F.C.) No. 54/2018), which upheld the Family Court’s decision in 2019, rejecting the plea for divorce on the ground of irretrievable breakdown. The husband then approached the Supreme Court via Special Leave Petition (SLP (C) No. 18430 of 2019), where mediation attempts failed. The Supreme Court, in its 2025 judgment, overturned the lower courts’ rulings, invoking Article 142 of the Constitution to grant divorce on the ground of irretrievable breakdown, while also enhancing the wife’s maintenance. The procedural journey thus spanned three courts over 15 years, culminating in the Supreme Court’s intervention to dissolve the marriage.
READ ALSO : Supreme Court Upholds Specific Performance: Land Sale Agreement Enforced After 24 Years
Court Observation:
The Supreme Court made several critical observations while delivering its judgment. It noted that the marriage had irretrievably broken down, given the 16-year separation and the failed mediation attempts, rendering reconciliation impossible. The Court emphasized that forcing the parties to remain in a defunct marriage would only perpetuate misery, contrary to the constitutional ethos of dignity and personal liberty. It also took into account the husband’s acquittal in the criminal case (IPC 498A), observing that the false allegations of cruelty further eroded the marital bond. The Court acknowledged the wife’s financial dependency and the child’s welfare, justifying the enhancement of maintenance to ₹15,000 per month. Ultimately, the Court exercised its extraordinary powers under Article 142 to dissolve the marriage, prioritizing justice, equity, and societal welfare over rigid legal technicalities. The judgment reaffirmed that matrimonial laws must adapt to human realities, ensuring that dead marriages are not prolonged unnecessarily.
Final Decision & Judgement:
In its final decision, the Supreme Court allowed the husband’s appeal, dissolving the marriage between the parties on the ground of irretrievable breakdown under Article 142 of the Constitution. The Court set aside the Delhi High Court’s 2019 judgment and granted a decree of divorce, recognizing that the 16-year separation and failed reconciliation attempts made the marital bond beyond repair. Additionally, considering the wife’s financial needs and the child’s welfare, the Court enhanced the monthly maintenance from ₹7,500 to ₹15,000, payable by the husband. The judgment underscored that prolonging a broken marriage would serve no purpose and that justice and equity demanded its dissolution. No costs were awarded, and all pending applications were disposed of accordingly. The ruling reaffirmed the Court’s commitment to humane jurisprudence in matrimonial disputes.
Case Details:
Case Title:Pradeep Bhardwaj vs. Priya Citation: 2025 INSC 852 Civil Appeal No.: SLP (Civil) No. 18430 of 2019) Date of Judgment: July 15, 2025 Judges/Justice Name: Justice Vikram Nath & Justice Sandeep Mehta
Download The Judgement Here