Irretrievable Breakdown of Marriage: Supreme Court Grants Divorce
The Supreme Court of India, in the case of Sukhendu Das vs. Rita Mukherjee, addressed a long-standing matrimonial dispute involving two judicial officers from West Bengal. The judgment, delivered on October 9, 2017, dealt with the issue of an irretrievable breakdown of marriage and the need to exercise powers under Article 142 of the Constitution to grant a divorce.
The case revolved around the appellant, Sukhendu Das, who filed for divorce under Section 27 of the Special Marriage Act, 1954, citing cruelty and desertion by his wife, Rita Mukherjee. Despite multiple attempts at reconciliation, the couple had been living separately since 2000, and all efforts to revive the marriage had failed.
Petitioner’s Arguments
The petitioner contended that:
- The marriage had completely broken down as the couple had been living separately for over 17 years.
- The respondent, Rita Mukherjee, showed no interest in reconciliation or participating in legal proceedings.
- The wife’s behavior, including threats of criminal cases, amounted to mental cruelty.
- Forcing the couple to stay in a legally dead marriage served no purpose and caused undue hardship.
Respondent’s Arguments
The respondent, Rita Mukherjee, filed a written statement denying the allegations but did not actively participate in court proceedings. Her arguments were:
- The allegations of cruelty were unfounded and aimed at securing a divorce.
- She had not deserted the petitioner but was living separately due to unavoidable circumstances.
- The application for divorce should be dismissed as the legal grounds for dissolution had not been met.
Key Observations by the Court
The Supreme Court ruled in favor of the petitioner, emphasizing the irretrievable breakdown of marriage. The bench observed:
“Refusal to participate in proceedings for divorce and forcing the appellant to stay in a dead marriage would itself constitute mental cruelty.”
The Court further noted:
- The parties had been living separately since 2000, with no possibility of reconciliation.
- The respondent’s failure to appear before the court despite multiple notices indicated her lack of interest in continuing the marriage.
- Under Article 142 of the Constitution, the Court had the power to dissolve a marriage when it was clear that it had become emotionally dead and unworkable.
- Forcing unwilling parties to stay in a marriage served no purpose and caused unnecessary suffering.
Final Judgment
The Supreme Court ruled:
“In the peculiar facts of this case and in order to do complete justice between the parties, we allow the Appeal in exercise of our power under Article 142 of the Constitution of India, 1950.”
The Court granted the petitioner’s application for divorce and dissolved the marriage.
Conclusion
This judgment highlights the importance of recognizing irretrievable breakdown of marriage as a valid ground for divorce. It sets a precedent for using Article 142 in exceptional cases to prevent unnecessary hardship and to ensure that individuals are not forced to remain in legally untenable marriages.
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Download Judgment: Sukhendu Das vs Rita Mukherjee Supreme Court of India Judgment Dated 09-10-2017.pdf
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