Article 142 divorce granted on irretrievable breakdown

The Supreme Court exercised its power under Article 142 to dissolve the marriage between the parties, holding that the relationship had broken down irretrievably and that there was no real possibility of reconciliation.

The marriage was solemnised in April 2017. The record before the Court showed prolonged marital discord, separate living for more than eight years, and multiple civil and criminal proceedings between the spouses. The wife had opposed divorce before the Court and stated that she intended to pursue a contested petition on the ground of adultery. Even so, the Court found that the ties of matrimony had long since been severed in every meaningful sense.

The Court noted that the parties had already engaged in settlement discussions earlier, and that the husband had expressed willingness to pay permanent alimony. After considering the circumstances and interacting with the parties, the Court fixed permanent alimony at Rs. 50,00,000, payable in two equal instalments of Rs. 25,00,000 each, on or before 15 June 2026 and 15 September 2026.

The Court also directed that all pending cases between the parties stand closed and disposed of. The list included proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, proceedings under Section 125 CrPC, an application under Section 128 CrPC, and contempt proceedings arising out of the divorce litigation. The Registry was directed to communicate the order to the concerned courts for formal closure, and to draw up the decree of divorce upon proof of payment.

The judgment shows the Court’s willingness to bring finality to a dead marriage where the record discloses long separation, sustained acrimony, and no scope for reconciliation, while ensuring a monetary settlement that resolves the pending disputes.

Practical takeaway: In a fit case of irretrievable breakdown, the Supreme Court may use Article 142 to end the marriage and close connected litigation on agreed financial terms.