Tag: Irretrievable Breakdown of Marriage

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling
6Sep By The Legal ChamberNo Comments
Supreme Court

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling

The Supreme Court, invoking its extraordinary power under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. It quashed the pending criminal proceedings under Section 498-A IPC, finding the allegations to be vague and arising from marital discord, while upholding the terms of a settlement agreement for a clean break. Facts Of The Case: The marriage between Anurag Goel (appellant-husband) and the second respondent (wife) took place on July 25, 2015, following prior divorces for both. After approximately one year and nine months of conjugal life, the relationship soured. The husband alleged constant harassment, leading him to abandon the matrimonial home—a Mumbai apartment he owned—in April 2017 to move to Faridabad with his autistic child fro...
Read More
Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple
11Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple

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...
Read More
Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”
13Jun By The Legal ChamberNo Comments
Supreme Court

Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”

The Supreme Court enhanced the appellant-wife's permanent alimony to ₹50,000 per month with a 5% increase every two years, modifying the High Court's order. The Court held the previous alimony inadequate given the respondent-husband's income and the appellant's need to maintain her standard of living. Financial support for the 26-year-old son was not mandated. Facts Of The Case: Rakhi Sadhukhan (appellant-wife) and Raja Sadhukhan (respondent-husband) were married on June 18, 1997, and had a son on August 5, 1998. In July 2008, the respondent-husband filed Matrimonial Suit No. 430 of 2008 seeking divorce on grounds of cruelty. The appellant-wife then filed Misc. Case No. 155 of 2008 for interim maintenance, and the Trial Court awarded her ₹8,000 per month and ₹10,000 for litigation expens...
Read More
Supreme Court Invokes Article 142 : Dissolves Marriage After 12+ Years of Separation “Irretrievable Breakdown”
7May By The Legal ChamberNo Comments
Supreme Court

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 ...
Read More