Matrimonial laws: Dissolution of marriage – In exercise of power u/Art.142 of the Constitution – On facts, grant of ex parte divorce decree in favour of husband by the High Court – Challenge to, by the wife – On appeal, held: Parties have been living separately for last more than a decade and there is no chance of both coming together to continue their marital life, and no issue was born out of wedlock – Furthermore, wife has been ailing for long time and living with her relatives, and has no independent income of her own, whereas her husband is quite resourceful person – In order to ensure that the parties may live peacefully in future, a quietus must be given to all litigations between the parties – In view of the consensus arrived at between the parties, issuance of direction to the husband to pay the wife Rupees thirty lakhs towards permanent alimony and Rupees five lakhs towards medical expenses – Thus, in exercise of power u/Art. 142, marriage is dissolved subject to the fulfillment of the said conditions – Hindu Marriage Act, 1955 – Constitution of India – Art. 142.
Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 :
[2006] 3 SCR 53 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh (2007) 2 SCC 220 : [2006] 9 Suppl. SCR 156 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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