The Supreme Court on Tuesday granted divorce to an estranged couple, invoking the principle of irretrievable breakdown of marriage and observing that forcing a failed relationship to continue serves no constructive purpose.
A bench of Justices Vikram Nath and Sandeep Mehta ruled in favour of the man who had filed the appeal, stressing that it was in the “best interest” of both parties and their minor child to lead independent and peaceful lives, free from the burden of a 15-year-long legal tussle.
Quoting constitutional powers under Article 142, the apex court said, “The marriage between the parties stands dissolved and a decree of divorce is granted.” The court further added that marriage is based on dignity, mutual respect, and companionship, and when these values are irreparably lost, keeping the couple legally tied down only fosters more animosity and litigation.
The man had sought divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955, on grounds of cruelty. His plea was rejected first by the family court and later by the high court, prompting him to approach the Supreme Court. It was alleged that the woman physically assaulted and harassed the man’s ailing mother in a bid to claim property, though the woman denied the allegations.
The court noted that the woman had earlier filed a cruelty case against the man and his family, but all were acquitted. It stated the husband could not be expected to continue the marital bond with someone who had pursued a “false case” against him.
Emphasising the need for closure, the bench remarked, “The continuance of marriage shall only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by law.”
The court directed the man to pay a monthly maintenance of ₹15,000 to the woman and their child.
