Supreme Court Invokes Article 142 : Dissolves Marriage After 12+ Years of Separation “Irretrievable Breakdown”
The Supreme Court, invoking Article 142 of the Constitution, dissolved the marriage on grounds of irretrievable breakdown, despite the absence of statutory provisions under the Hindu Marriage Act, 1955. Relying on precedents like Shilpa Sailesh v. Varun Sreenivasan, the Court emphasized prolonged separation (12+ years) and failed reconciliation attempts as justification, prioritizing an end to protracted litigation over traditional fault-based grounds. No alimony was awarded as the wife waived her claim.
Facts Of The Case:
The case involves a matrimonial dispute between Kumari Rekha (appellant-wife) and Shambhu Saran Paswan (respondent-husband), whose marriage was solemnized on 24th April 1999. They had a daughter born on 7th June 2001, but the couple had been living separately for over ...