Irretrievable Breakdown of Marriage: Supreme Court Grants Mutual Consent Divorce Under Article 142

The Supreme Court of India recently ruled on a crucial divorce case under Section 13-B of the Hindu Marriage Act, 1955. The case involved an estranged couple, A.V.G.V. Ramu (appellant) and A.S.R. Bharathi (respondent), who had initially agreed to dissolve their marriage through mutual consent but later faced legal hurdles due to the respondent’s non-appearance in court. The Supreme Court, exercising its extraordinary powers under Article 142 of the Constitution, granted the divorce decree, emphasizing the need to prevent prolonging a broken marriage.

Background of the Case

The case originated from a troubled marriage between the appellant and the respondent. Both parties had been previously married and had remarried each other on August 11, 2013. The appellant had a daughter from his first marriage, whereas the respondent had no children from either marriage.

Unfortunately, differences arose between the couple soon after marriage, leading to prolonged separation. The couple signed an Agreement/Memorandum of Understanding (MOU) on December 30, 2014, agreeing to dissolve their marriage and jointly filing a mutual consent divorce petition under Section 13-B of the Hindu Marriage Act on December 31, 2014.

Key Developments

• The mutual divorce petition was filed before the Family Court, Hyderabad, on December 31, 2014.
• The case was adjourned multiple times for the statutory six-month cooling-off period (July 6, 2015; July 7, 2015; and September 12, 2015).
• The respondent (wife) failed to appear in court on all these dates.
• On September 14, 2015, the Family Court dismissed the petition due to the wife’s non-appearance.
• The appellant filed an appeal before the High Court of Andhra Pradesh under Section 28 of the Hindu Marriage Act.
• The respondent’s counsel informed the High Court that she was withdrawing her consent for divorce.
• The High Court, citing the respondent’s changed stance, dismissed the appeal on August 29, 2016.
• The appellant approached the Supreme Court via a Special Leave Petition.

Arguments by the Parties

Appellant’s (Husband) Arguments

• The parties had mutually agreed to divorce and signed an MOU to that effect.
• The wife had filed a petition for mutual divorce and had never denied her signature on the MOU.
• The wife’s withdrawal of consent at a later stage was unjustified, as she had already agreed to separate.
• Their marriage had irretrievably broken down, and there was no chance of reconciliation.
• The respondent had been absent from all court hearings and had shown no interest in maintaining the marriage.

Respondent’s (Wife) Arguments

• The respondent withdrew her consent before the final decree could be passed.
• The Hindu Marriage Act requires the free will and consent of both parties until the final decree.
• She had the legal right to withdraw consent at any stage before the final decree was issued.
• Her lawyer’s oral submission in the High Court should be considered valid proof of her withdrawal.

Supreme Court’s Observations

A bench comprising Justices R.K. Agrawal and Abhay Manohar Sapre examined the facts and ruled in favor of granting the divorce.

On the Irretrievable Breakdown of Marriage:

“The parties have been living separately for four years, and their marriage has become irretrievable. Keeping such a marriage alive serves no purpose.”

On the Respondent’s Conduct:

“The respondent failed to appear in court at any stage, despite being given multiple opportunities. She has also not appeared before this Court, nor has she filed any affidavit contesting the appeal.”

On Exercising Article 142 Powers:

“Considering the respondent’s lack of interest in continuing the marriage and the appellant’s clear intent for divorce, we invoke our powers under Article 142 to dissolve the marriage.”

Final Judgment

The Supreme Court allowed the appeal, setting aside the orders of the Family Court and High Court. The court decreed:

• The marriage between the appellant and respondent, performed on August 11, 2013, stands dissolved under Section 13-B of the Hindu Marriage Act.
• The MOU dated December 30, 2014, is valid and binding on both parties.
• The decree of divorce is granted under Article 142 of the Constitution to prevent further injustice.

Implications of the Judgment

For Mutual Consent Divorce Cases

• The judgment clarifies that a party cannot indefinitely delay mutual divorce by non-appearance.
• The Supreme Court can intervene under Article 142 if one spouse withdraws consent without valid reasons.
• Where a marriage is irretrievably broken, courts can dissolve it to prevent unnecessary litigation.

For Family Courts

• Family Courts should actively consider the intent of both parties rather than dismissing cases based on procedural technicalities.
• Repeated non-appearance by a party can be treated as implied consent to divorce.

For Future Litigants

• Couples seeking mutual consent divorce should ensure their intentions remain clear throughout the proceedings.
• A spouse cannot exploit procedural delays to deny the other party their right to separation.
• If one party refuses to appear, the aggrieved party can seek intervention under Article 142.

Key Takeaways

• The Supreme Court emphasized the importance of preventing undue hardship in failed marriages.
• Withdrawal of consent in mutual divorce cases must be genuine and well-reasoned.
• Repeated non-appearance in court can be treated as a lack of interest in contesting the divorce.
• The judgment strengthens judicial efficiency in handling matrimonial disputes.

This landmark ruling reaffirms the Supreme Court’s commitment to ensuring justice in family law cases while preventing unnecessary delays in divorce proceedings.

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Download Judgment: A.V.G.V. Ramu vs A.S.R. Bharathi Supreme Court of India Judgment Dated 14-12-2017.pdf

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