Factors to be considered by the Supreme Court while exercising jurisdiction under Article 142(1) of the Constitution of India and pass a decree for divorce on the ground of irretrievable breakdown of marriage – Explained:
Held: Both the Family Court and the High Court of Punjab and Haryana had dismissed the petition instituted by the Appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage by way of a decree of divorce. For passing a decree of divorce on the ground of irretrievable breakdown of marriage under Article 142(1) of the Constitution of India, the Supreme Court must be fully satisfied and convinced that the marriage is totally unworkable and beyond salvation. For this, the Supreme Court must consider the period of time the parties cohabited after marriage; when the parties had last cohabited; the nature of allegations made by the parties against each other and their family members; the orders passed in legal proceedings from time to time; cumulative impact on the personal relationship; whether attempts were made to settle the disputes by intervention of court or through mediation, and when was the last attempt made. But these factors are not exhaustive but are rather illustrative. Reliance placed on Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544. [Paras 2 and 5]
Case for exercising jurisdiction under Article 142(1) of the Constitution of India and passing a decree of divorce on the ground of irretrievable breakdown of marriage – Whether made out?
Held: In the instant case, there was no possibility of the parties residing together and/or arrive at an amicable settlement. The parties married on 14.10.1991 and last cohabited in January 2002. Out of the wedlock, two children were born in 1993 and 1996 respectively. The Appellant alleged that the Respondent ill – treated the Appellant and constantly acted against him. The Respondent alleged cruelty and torture at the hands of the Appellant. Both their children are majors now and are gainfully employed. Thus, the facts on record establish beyond doubt that the marriage between the parties has broken down and that there is no possibility of the parties cohabiting ever in the future. Therefore, the Supreme Court considered it to be a fit case for exercising its jurisdiction under Article 142(1) of the Constitution and passed a decree of divorce on the ground of irretrievable breakdown of marriage. [Paras 3, 4, 6, 7 and 8] Permanent Alimony payable when decree of divorce passed in exercise of jurisdiction under Article 142(1) of the Constitution: Held: The Appellant has been gainfully employed by various multinational corporations previously and is presently endowed with a respectable estate. Accordingly, the Supreme Court deemed it fit and proper that the Appellant pays an amount of Rs. 50,00,000/- to the wife as permanent alimony in five monthly instalments. [Para 9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Raghav Bhatia, Hony. Associate Editor (Verified by: Liz Mathew, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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