Invoking Article 142, the Supreme Court dissolved an irretrievably broken marriage, holding that its continuance would only prolong agony. The Court granted divorce despite trial and High Court findings, stressing complete justice over rigid statutory grounds of law.
The Supreme Court of India granted divorce to a couple who had been separated for 17 years after 14 months of marriage, citing irretrievable breakdown and an impossible reconciliation. The court ordered the husband to pay Rs 40 lakh as permanent alimony, considering their lengthy legal battles and lack of children.
The Supreme Court, while hearing a case of marital discord, emphasized that the failure of a marriage does not signify the end of life. Exercising its special powers under Article 142 of the Constitution, the Court granted the couple a divorce. Additionally, it put an end to all pending legal proceedings between them. The ruling highlights the Court’s approach in resolving matrimonial disputes with a focus on justice and closure.
The Supreme Court dissolved a couple’s marriage, recognizing it had irretrievably broken down after failed mediation efforts. Citing constitutional discretion, the court emphasized the necessity of ending a non-functional marriage and ordered the husband to pay Rs 13 lakh in alimony and Rs 7 lakh for their daughter’s welfare.
The Supreme Court has referred former Jammu and Kashmir Chief Minister Omar Abdullah’s divorce case to mediation following a joint request by their legal representatives. This decision comes after the Delhi High Court dismissed his plea in December. The court has scheduled a review after eight weeks and instructed the mediation process to commence promptly.
The Supreme Court expressed concern over the state of marriages, lamenting that couples are marrying only to end up filing cases shortly after. Justices remarked that the institution of marriage is under strain due to increasing marital disputes, highlighting societal shifts. The comments were made in response to a case where a couple faced difficulties consummating their marriage.
The Allahabad High Court Yesterday (29 Feb) urged the Union of India to consider amending the Hindu Marriage Act to include irretrievable breakdown of marriages as a divorce ground, citing societal changes. It granted a divorce decree to a doctor, noting his wife’s prolonged absence as mental cruelty. The court also directed relevant authorities to consider this matter.
