Supreme Court Grants Divorce Citing Irretrievable Breakdown of Marriage
The case of R. Srinivas Kumar v. R. Shametha before the Supreme Court of India highlights a crucial legal question regarding the dissolution of marriage due to irretrievable breakdown. This judgment, delivered on October 4, 2019, sets an important precedent by granting divorce under Article 142 of the Constitution despite the absence of mutual consent.
Background of the Case
The marriage between the appellant-husband, R. Srinivas Kumar, and the respondent-wife, R. Shametha, took place on May 9, 1993. The couple had a son in 1995. However, their relationship deteriorated, and the husband alleged that the wife subjected him to cruelty. Over the years, they lived separately, with the wife often staying at her parental home.
In 1999, the appellant filed a divorce petition under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion. However, the Family Court dismissed the petition, stating that the husband had failed to prove cruelty. The court also refused to grant divorce based on the irretrievable breakdown of marriage. The Andhra Pradesh High Court upheld this decision, leading the husband to appeal before the Supreme Court.
Arguments by the Petitioner-Husband
The appellant-husband, represented by Senior Advocate Guru Krishna Kumar, argued that:
- The couple had been living separately for 22 years.
- The marriage was beyond repair and had completely broken down.
- The court should exercise its power under Article 142 of the Constitution to grant divorce, ensuring justice for both parties.
- He was willing to pay a reasonable permanent alimony to the wife.
Arguments by the Respondent-Wife
The respondent-wife, represented by Advocate Jayant Kumar Mehta, opposed the divorce, arguing that:
- Divorce cannot be granted solely on the ground of irretrievable breakdown if one party does not consent.
- The marriage should only be dissolved if both parties mutually agree.
- She relied on previous Supreme Court judgments where divorce was denied due to lack of mutual consent.
Supreme Court’s Observations
The Court noted that the couple had been living apart for more than 22 years, making reconciliation impossible. The bench, comprising Justices M.R. Shah and Sanjay Kishan Kaul, referred to several precedents, including Naveen Kohli v. Neelu Kohli (2006) and Samar Ghosh v. Jaya Ghosh (2007), which recognized irretrievable breakdown as a valid ground for divorce.
The Court emphasized:
“Once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of that fact. It would be harmful to society and injurious to the interests of the parties. Where there has been a long period of continuous separation, the matrimonial bond is beyond repair.”
Judgment and Final Order
The Supreme Court exercised its powers under Article 142 and granted divorce, stating that:
- The marriage was emotionally dead and beyond salvage.
- Forcing the parties to remain legally married would serve no purpose.
- The husband was directed to pay Rs. 20 lakh as permanent alimony to the wife.
- The appellant must continue paying maintenance until the alimony is paid.
Conclusion
This judgment is significant as it underscores the Supreme Court’s discretionary power to grant divorce in cases where reconciliation is impossible. It serves as a guiding precedent for cases involving prolonged separation, ensuring that legal ties do not become instruments of suffering for either party.
Petitioner Name: R. Srinivas Kumar.Respondent Name: R. Shametha.Judgment By: Justice M.R. Shah, Justice Sanjay Kishan Kaul.Place Of Incident: Hyderabad.Judgment Date: 04-10-2019.
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