Wednesday, February 25, 2026
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SC Grants Divorce on Ground of Irretrievable Breakdown of Marriage

Supreme Court dissolves 15-year-old marriage under Article 142, citing prolonged discord and absence of mutual respect.

The Supreme Court has granted a decree of divorce to an estranged couple, invoking its extraordinary jurisdiction under Article 142 of the Constitution to dissolve their marriage on the ground of irretrievable breakdown. A bench comprising Justices Vikram Nath and Sandeep Mehta noted that the continuation of the marriage served no constructive purpose and would only perpetuate hostility and unproductive litigation. Emphasizing that marriage is founded on dignity, mutual respect, and companionship, the Court held that these essential elements had been irrevocably eroded in the present case, rendering the matrimonial bond untenable. The Court observed that when a relationship becomes devoid of mutual trust and affection, compelling the parties to remain legally bound would only lead to further emotional and legal strife, which is contrary to the ideals of matrimonial harmony recognized by law.

The proceedings arose from an appeal filed by the husband, challenging the decision of the High Court that had refused to dissolve the marriage. The husband had initially approached the family court under Section 13(1)(a) of the Hindu Marriage Act, 1955, alleging cruelty by the wife. While the trial court and the High Court dismissed his plea, the Supreme Court took into account the prolonged nature of the marital discord, which had spanned over 15 years, and the absence of any real prospect of reconciliation. The Court noted that the woman had filed a case of cruelty against her husband and his family, in which all the accused were later acquitted. In light of this, the Court found that it would be unreasonable to expect the husband to continue in a marital relationship with someone who had pursued criminal charges against him and his relatives.

Invoking its plenary powers to do complete justice between the parties, the Supreme Court formally dissolved the marriage and granted divorce. In doing so, it considered the well-being of the parties and their minor child, stating that a final resolution was in their best interest to lead independent and peaceful lives. The Court directed the husband to pay a consolidated monthly maintenance of ₹15,000 to the wife and the child. The judgment reflects a consistent judicial trend in recent years wherein the apex court has recognized irretrievable breakdown of marriage as a valid ground for divorce, even though it is not expressly provided for under existing statutory provisions. Through this decision, the Court reiterated that in cases where the marital relationship is beyond repair, legal formalities must yield to the reality of the situation in order to prevent prolonged suffering and litigation.

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