Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage
Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage
Introduction
In a landmark judgment, the Supreme Court of India dissolved the marriage between Rinku Baheti and Sandesh Sharda on the grounds of irretrievable breakdown of marriage, invoking its extraordinary powers under Article 142(1) of the Constitution. This decision comes amidst a series of legal disputes and acrimony between the parties, marking a significant step in addressing complex matrimonial cases.
Case Background
The petitioner-wife, Rinku Baheti, filed a transfer petition under Section 25 of the Code of Civil Procedure (CPC) seeking to move the divorce proceedings filed by the respondent-husband, Sandesh Sharda, from Bhopal to Pune. However, during the pendency of this transfer petition, the respondent filed an application under Article 142(1) of the Constitution, requesting the Supreme Court to dissolve the marriage on grounds of irretrievable breakdown.
The marriage, solemnized on July 31, 2021, was a second marriage for both parties. Despite initial harmony, the relationship soon soured, resulting in multiple litigations, including criminal complaints, allegations of cruelty, and financial disputes.
Key Issues Addressed by the Supreme Court
1. Grounds for Divorce
The Court found that the marriage had completely failed, with no possibility of reconciliation. The relationship was marred by:
- Brief cohabitation: The parties lived together intermittently for only 3–4 months.
- Criminal Complaints: The wife filed FIRs against the husband and his family, including allegations of rape, cruelty, and unnatural offenses under the IPC. The husband was arrested and spent a month in custody.
- Multiple Divorce Petitions: The husband filed three divorce petitions within 34 days, reflecting his intent to end the marriage.
2. Use of Article 142(1)
The Court exercised its powers under Article 142(1) to grant a decree of divorce, emphasizing that forcing the parties to continue their marital ties would impose undue hardship and serve no meaningful purpose. Citing the Shilpa Sailesh judgment, the Court reiterated that irretrievable breakdown of marriage could serve as a valid ground for divorce in exceptional cases.
Permanent Alimony and Related Orders
1. Permanent Alimony
The Court considered the petitioner-wife’s financial status and the respondent-husband’s means. The Family Court in Pune had recommended a permanent alimony of ₹10 crores. The Supreme Court enhanced this amount to ₹12 crores to account for the wife’s residential requirements.
2. Residential Rights
The petitioner was directed to vacate her father-in-law’s properties in Pune and Bhopal within two months of receiving the alimony.
3. Quashing of Criminal Cases
The Supreme Court quashed the criminal proceedings initiated by the petitioner, observing that they were indicative of the irreparable damage to the marital relationship.
Legal Significance
Irretrievable Breakdown of Marriage
This judgment highlights the Supreme Court’s evolving approach in recognizing irretrievable breakdown of marriage as a valid ground for divorce. By invoking Article 142(1), the Court addressed a situation where conventional legal remedies were insufficient to resolve the dispute.
Alimony Principles
The Court emphasized that alimony should ensure dignity and independence for the dependent spouse while considering the duration of the marriage, financial status, and individual needs.
Conclusion
This decision underscores the Supreme Court’s commitment to resolving matrimonial disputes holistically, balancing the principles of equity, justice, and social realities. By granting divorce on the grounds of irretrievable breakdown, the Court has provided a definitive remedy for cases where reconciliation is no longer viable, setting a precedent for future matrimonial disputes.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at nitish@lexspeak.in or 9891549997
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