‘Forcing dead marriage to continue only prolongs agony’: Supreme Court grants divorce to estranged couple

The court invoked its special power under Article 142 to do complete justice.

While granting divorce to a couple separated for 16 years, the Supreme Court observed that compelling a dead marriage to continue only creates more mental agony.

A bench of Justices Vikram Nath and Sandeep Mehta allowed the plea of the husband for divorce despite the wife opposing it.

The bench observed that due to complete detachment and the prolonged estrangement, there has been an irretrievable breakdown of the marital bond. “Moreover, both parties have spent the prime years of their youth entangled in this marital discord, which has persisted for more than the last fifteen years," said the bench in its verdict.

The court invoked its special power under Article 142 to do complete justice.

"It has been consistently held by this court that the institution of marriage is rooted in dignity, mutual respect and shared companionship, and when these foundational aspects are irreparably lost, forcing a couple to remain legally bound serves no beneficial purpose," the court said.

The bench said the institution of marriage was rooted in "dignity, mutual respect and shared companionship" and when these foundational aspects got irreparably lost, forcing a couple to remain legally bound served no beneficial purpose.

"The marriage between the parties stands dissolved and a decree of divorce is granted in their favour by this court in exercise of its power under Article 142 of the Constitution of India," said the bench, and directed the man to pay a composite monthly maintenance of Rs 15,000 to the woman and the child.

The man moved the top court against a high court order refusing to grant a divorce. The man filed for divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955, before a family court on the ground of cruelty.

The marriage between the appellant-husband and respondent-wife was solemnised in May 2008, according to the Hindu rites. The conflict ensued between the parties shortly after the wedding took place.