The Supreme Court exercised its power under Article 142 of the Constitution to dissolved a marriage that had been irretrievably broken down. While pronouncing the order dated August 21, 2023 the top court observed that keeping the parties together in such a scenario is cruelty to both spouses.
The bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said:
Continued bitterness, dead emotions and long separation, in the given facts and circumstances of a case, can be construed as a case of “irretrievable breakdown of marriage”.
Punjab & Haryana HC Dissolves Marriage After 23-YEARS Of Separation Citing Irretrievable Breakdown As Ground For Divorce
Case:
Parties got married in May 2007 as per Hindu rites and rituals, at the maternal house of the respondent wife in Udaipur, Gomati district, Tripura. The husband resides in Agartala (Tripura) where presently he is posted as DGM in Tripura State Electricity Corporation Limited. The wife is also well educated, qualified and is presently employed as a teacher at a school in the state.
The couple has a 12-year-old daughter who resides with the mother.
Within 3-years of marriage, there was bitterness in the relationship between the spouses and following the same, the two have been living separately for the past 12-years.
In fact, the wife left her matrimonial home in 2010 while she was pregnant and the daughter was born in her maternal home in the year 2011. Despite repeated requests by the husband, the wife did not return along with their child.
Supreme Court Grants Divorce To Husband On Grounds Of Irretrievable Breakdown of Marriage After 22-Yrs
Allegations by Husband
According to the husband, his wife was disrespectful towards his old parents and gave preference to her job as a teacher ignoring her household responsibilities.
Allegations by Wife
According to the wife, she underwent torture and cruelty, and demand of dowry at the hands of her husband and in-laws, and has stated before the courts in no uncertain terms, that she can live with her husband only if he comes and stays at Udaipur, Tripura. She categorically stated that she not willing to live with her husband at Agartala.
READ ORDER | Wife Insisting To Live Separately From In-Laws, Prolonged Deprivation Of Conjugal Rights Is Mental Cruelty: Delhi HC Dissolves Marriage
Trial Court
In November 2012, the husband had filed a petition under Section 9 of the Hindu Marriage Act, 1955 (for Restitution of Conjugal Rights) before Family Court, Agartala, Tripura (subsequently transferred to Family Court, Udaipur) which was dismissed on in August 2013. Later, he filed appeal before the High Court which was subsequently withdrawn.
In December 2017, the husband then filed for dissolution of marriage on grounds of cruelty and desertion before the Family Court, West Tripura, Agartala which was also dismissed on 08.03.2019. Accordingly, he challenged the same in the High Court.
Omar Abdullah Divorce Case: Delhi High Court Orders Enhancement Of Maintenance For Estranged Wife & Son
Tripura High Court
The High Court took into consideration all aspects including the fact that the couple is living separately for the last more than 10 years but that in itself was not considered to be cruelty. The High Court ordered:
True it is that, in some cases the High Courts considering the dead marriage as the generator of perennial trauma considered the same as cruelty and passed the decree of divorce.
But in the case in hand, we find that the matrimonial bond is not ruptured beyond repair and moreover, we find that the parties were never at such bitterness of their relation that they cannot give a new lease of life to their relation. Hence, that plea also cannot be accepted in view of the law as enunciated in Samar Ghosh (supra).
Punjab & Haryana HC Grants Divorce To Man After 31-Years Citing Constant Harassment By Wife Forcing Him To Live Separately From Parents
Supreme Court
The Supreme Court went through the files on record and observed that this was a classic case of irretrievable breakdown of marriage. Referring to the April 2023 judgment Rakesh Raman v. Kavita 2023 LiveLaw (SC) 353 the apex court invoked its powers under Article 142 to dissolve marriage on the ground of irretrievable breakdown.
The bench quoted:
Nothing would give us more satisfaction if the two could work out their differences and decide to live together, if only for the sake of their child. But under the circumstances, with the rigid attitude of both the parties, who have failed to appreciate the beauty of compromise, we have been forced to convince ourselves, albeit regrettably, that the two cannot now live together.
Twelve years of separation, is a sufficiently long period of time to have sapped all emotions which the two perhaps may have had once for each other. We therefore cannot take the same hopeful view as that of the High Court, which still believes that the matrimonial bond between the two has not ruptured beyond repair or that the two cannot still give a new lease of life to their relation.
Frankly, no matter how much we would have liked this to happen but in reality, this is a possibility, which under the facts and circumstances of the case, can only be called wishful… Whatever may be the justification for the two living separately, with so much of time gone by, any marital love or affection, which may have been between the parties, seems to have dried up.
READ ORDER | Wife Inflicted Mental Cruelty Through Her Conduct & Denial For Cohabitation: Madhya Pradesh HC Grants Divorce To Husband After 15-Years
Alimony/Child Maintenance
While dissolving the dead marriage, the Supreme Court ordered the husband to bear expenses for schooling and education of his daughter. He was directed to deposit Rs 20,00,000 (Rupees twenty lakh) in the account of respondent wife within a period of six months from the date of order.
The amount deposited shall be kept in a Fixed Deposit (FD) so that it can earn interest which can be given to the respondent on quarterly basis. The respondent would be at liberty to encash the amount deposited as F.D., at any time after 5 years from now, as that would be the time where expenditure is likely to be incurred for the higher education of the girl child.
With regards to maintenance/alimony for the wife, the Supreme Court ordered:
Till the amount of Rs.20,00,000/- as indicated by us is deposited, the appellant will continue to pay the respondent an amount of Rs.15,000/(Rupees Fifteen Thousand per month) as maintenance.
The husband/father has been granted visitation rights to meet his daughter till she attains maturity.
Voice For Men India Note: Currently, Irretrievable Breakdown in Marriage is not a ground for divorce. The same can be exercised only by the Supreme Court under Article 142 of the Constitution. By the time, a contested divorce case reaches Supreme Court, the parties have wasted 10-15 years of their prime life. In the end, the divorce is granted citing breakdown in marriage and there is no real justice. Most of the times, the husband is ordered to pay alimony for the wife and children, irrespective of the harassment and trauma faced by him during the years of co-habitation.
DO WATCH:
Irretrievable Breakdown In Marriage | Supreme Court Judgment | Amish Aggarwala | Voice For Men India
LEAVE YOUR COMMENTS BELOW:
READ ORDER | Continued Bitterness, Dead Emotions & Long Separation To Be Construed As Irretrievable Breakdown In Marriage: SC
— Voice For Men India (@voiceformenind) September 5, 2023
▪️2010: Separation
▪️2023: Divorce
▪️Alimony: Rs 20 lakh FD, interest to be used for child + Rs 15,000 pm to wife for 5-yrshttps://t.co/WbTnEeshnc
Join our Facebook Group or follow us on social media by clicking on the icons below
If you find value in our work, you may choose to donate to Voice For Men Foundation via Milaap OR via UPI: voiceformenindia@hdfcbank (80G tax exemption applicable)
Follow Us
