The Supreme Court of India decided not to award permanent alimony in a divorce case involving two professionally qualified doctors with equal earnings. The decision made after the court invoked its extraordinary powers under Article 142 of the Constitution, citing an irretrievable breakdown of the marriage.
Professional Backgrounds and Separation
Both medical doctors, the couple had separated for 22 years and had lived together for only 43 days since their marriage. The court noted that their long separation had irreparably damaged their matrimonial bond.
Court’s Observations
Justice Vikram Nath and Justice Satish Chandra Sharma observed, “In light of the facts and circumstances of the present case, along with powers conferred under Article 142 of the Constitution of India and judicial precedents discussed herein, we hereby grant the decree of divorce on account of irretrievable breakdown of marriage. We do not award any permanent alimony as both parties are professionally qualified medical doctors with sufficient and equal earnings”
The husband had challenged an order from the Allahabad High Court that set aside the divorce decree granted by the Family Court. He had filed for divorce under Section 13 of the Hindu Marriage Act, 1955, on the grounds of cruelty.
Court’s Assessment of Claims
The court pointed out that despite their professional backgrounds, the parties separated for over 22 years. The wife claimed she was willing to live with the husband because she believed in the sanctity of marriage, but the court found her actions inconsistent with this claim. The husband argued that her claim was false and intended to mislead the court, delay proceedings, and harass him.
Exercise of Article 142 Powers
Considering the long separation period, the lack of marital relationship, and the sour relations due to continuous legal battles, the court deemed it appropriate to exercise its extraordinary powers under Article 142 of the Constitution. The court, aligning with the decision in Shilpa Shailesh v. Varun Sreenivasan (2023), where it was held that a marriage can be dissolved on the grounds of irretrievable breakdown to do ‘complete justice,’ decided to dissolve the marriage.
The Supreme Court concluded that the marriage had completely failed, with no possibility of reconciliation. Thus, continuing the legal relationship is deemed unjustified. Consequently, the Bench set aside the order of the High Court and dissolved the marriage, exercising powers under Article 142 of the Constitution. The Supreme Court allowed the appeal.
Cause Title: A v. B (Neutral Citation: 2024 INSC 517)