Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown in 17-Year Separation Case

In a landmark judgment delivered on 26th March 2025, the Supreme Court dissolved a marriage that had effectively ended 17 years ago, granting divorce on the ground of irretrievable breakdown. The case of Gajendra Singh vs. Reena Balmiki & Anr. presents a poignant example of how prolonged separation and legal battles can strain marital relationships beyond repair. The Court also settled the contentious issue of maintenance payments, awarding the respondent-wife a substantial one-time alimony settlement.

Case Background

The marriage between Gajendra Singh (appellant-husband) and Reena Balmiki (respondent-wife) was solemnized on 6th October 2006 according to Hindu vedic rites. The couple lived together for barely 14 months before separating in December 2007. While the husband claimed the wife left voluntarily, the wife alleged she was forced out due to dowry demands and domestic violence.

Legal Proceedings Timeline

• 2010: Wife granted maintenance of ₹5,000/month under Section 125 CrPC
• 2016: Additional maintenance of ₹15,000/month awarded under Domestic Violence Act
• 2019: Family Court rejected husband’s divorce petition, granted wife’s plea for restitution of conjugal rights
• 2022: High Court dismissed husband’s revision petition seeking adjustment of maintenance amounts

Key Issues Before the Supreme Court

1. Whether the marriage had irretrievably broken down after 17 years of separation
2. Determination of appropriate permanent alimony considering:
   • Disputed maintenance arrears (₹8 lakhs vs ₹10 lakhs claimed)
   • Husband’s salary as government lecturer (₹91,030 net/month claimed)
   • Wife’s unemployed status

Court’s Observations and Decision

The bench comprising Justices Vikram Nath and Prasanna B. Varale made several significant observations:

“The parties have been living separately since December, 2007, i.e. for more than last 17 years… The relations between the parties have evidently grown sour beyond the point of return and such a long period of separation has turned these differences irreconcilable.”

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The Court noted the human cost of prolonged litigation:

“It is unfortunate that the parties have already spent a large number of years of their adult lives fighting marital battles in the courtrooms. The parties are currently placed in their early forties and still have a considerable natural life ahead of them to look forward to.”

Final Judgment

The Supreme Court:

1. Granted divorce under Article 142 of the Constitution on grounds of irretrievable breakdown
2. Awarded permanent alimony of ₹40 lakhs to be paid in 4 monthly installments
3. Directed that the decree be drawn only after proof of full payment
4. Set aside the High Court’s order dated 28.11.2022

Significance of the Judgment

This case highlights several important legal principles:

• The Supreme Court’s expansive powers under Article 142 to do complete justice
• Recognition of irretrievable breakdown as valid grounds for divorce
• Balancing of financial interests in long-separated marriages
• The human cost of prolonged marital litigation

The judgment brings closure to a 17-year marital dispute, allowing both parties to move forward with their lives while ensuring financial security for the unemployed wife.

Petitioner Name: Gajendra Singh.
Respondent Name: Reena Balmiki & Anr..
Judgment By: Justice Vikram Nath, Justice Prasanna B. Varale.
Place Of Incident: Dehradun, Uttarakhand.
Judgment Date: 25-03-2025.

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