Hindu Marriage Act, 1955 – s.13(1)(ia), (ib) – Dissolution of marriage – Ground of cruelty – Husband instituted divorce petition seeking dissolution of marriage on the grounds of cruelty and adultery – Family Court granted decree of divorce on the ground of cruelty – High Court set aside the decree of divorce – Challenge to:
Held: No possibility of reconciliation between the parties – They have been living separately for nearly 15 years – No vestige of matrimonial relationship between them, and neither party has shown any inclination to resolve their differences – Furthermore, the husband got remarried eight years back – No purpose in continuing the legal relationship between the parties – Marriage has irretrievably broken down – Fit case for granting divorce by invoking the powers u/Art.142 – Furthermore, it is just and proper to award one-time lump sum as permanent alimony to the wife and their son – Thus, the marriage between the parties stands dissolved subject to the condition that the husband to pay a sum of Rupees One Crore Twenty-Five Lakhs only to the wife as permanent alimony – Impugned order set aside – Constitution of India – Art.142. [Paras 6-9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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