Hindu Marriage Act, 1955 – s.13(1)(a) – Divorce – Irretrievable breakdown of marriage – Petition for dissolution of marriage on the ground of cruelty by the appellant-husband – Dismissed by the family court – Thereagainst, an appeal by the appellant on the ground of irretrievable breakdown of marriage and animosity between the parties – Dismissed by the High Court – Challenge to:
Held: Fit case to exercise power u/Art.142 and grant the relief of divorce to the parties on the ground of irretrievable breakdown of marriage – It is apparent that due to complete detachment and the prolonged estrangement, there has been an irretrievable breakdown of the marital bond, which cannot be mended by any means – Moreover, both the parties have spent the prime years of their youth entangled in this marital discord, which has persisted for more than the last fifteen years – Continuance of marriage would only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law – Also, the appellant and his family members’ have been acquitted in the cruelty case filed by the respondent-wife – It cannot be expected by appellant to now continue in a marital bond with the respondent – Thus, in the interest of both the parties and the minor child that they be allowed to lead their lives independently and peacefully, free from legal battles – Decree of divorce granted and monthly maintenance enhanced to Rs.15,000/- pm in favour of respondent and the minor son – Constitution of India – Art.142. [Paras 23-27]
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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