Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown: Key Takeaways
The Supreme Court of India recently delivered a landmark judgment in the case of Ramanuj Kumar vs Priyanka, dissolving an 11-year marriage on the grounds of irretrievable breakdown under Article 142 of the Constitution. The bench comprising Justices Vikram Nath, Sanjay Karol and Saneep Mehta overturned concurrent findings of the Family Court and High Court of Jharkhand, which had earlier dismissed the husband’s divorce petition alleging cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
The judgment reveals a tragic marital history – the couple married in 2012, had two children, and separated within two years. While the husband alleged verbal abuse and cruelty, the wife countered with accusations under Section 498A IPC and Dowry Prohibition Act. Their second child, born with cerebral palsy, passed away after a few years, leaving the wife devastated. The Court noted: “The marriage has completely and irrevocably broken down…Neither party has shown any willingness or inclination to restore the marital bond.”
In a balanced approach, the Court granted the wife visitation rights for their 12-year-old daughter (who has been in the father’s custody since infancy), directing: “The respondent shall be entitled to visitation rights with her daughter on two days each month…The parties shall mutually fix convenient dates.” The judgment highlights how courts are increasingly recognizing irretrievable breakdown as valid grounds for divorce while safeguarding children’s welfare in broken marriages.
Petitioner Name: RAMANUJ KUMAR.Respondent Name: PRIYANKA.Judgment By: Justice Vikram Nath, Justice Sanjay Karol, Justice Saneep Mehta.Place Of Incident: Ranchi, Jharkhand.Judgment Date: 22-04-2025.Result: allowed.
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