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The Supreme Court held that a wife pursuing her professional career and living separately for her child’s welfare cannot amount to cruelty or desertion.
The April Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on marriage, divorce, maintenance, child custody, guardianship and waqf.
The jurisprudence pertaining to the grant of divorce under Article 142(1) on the ground of irretrievable breakdown of marriage has been developed with caution through various judgments.
“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”
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The Circuit Court had granted the divorce decree on the ground of irretrievable breakdown of marriage, which is not a recognised ground under Hindu Marriage Act, 1955 (HMA). However, taking note that the parties have been separated for 18 years, Supreme Court exercising its Art. 142 powers, decided to dissolve the marriage.
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The Court observed that the husband, being a judicial officer holding a responsible public position, owed a heightened duty of fair, adequate, and dignified financial security for his wife and daughter.
The Court remarked that when the other party opposes the prayer for divorce despite their being no possibility of them living together, such conduct of party deriving pleasure from difficulties and tension of the other party also amounts to cruelty.
In August 2021, Justice J.K. Maheshwari was elevated to the Supreme Court and priorly served as Chief Justice of two High Courts- Andhra Pradesh and Sikkim.
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”
“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court and has served as Chief Justice of two High Courts, Andhra Pradesh and Sikkim High Courts.
“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
by Bijal Ajinkya† and Sachin Bhandawat††
Cite as: 2024 SCC OnLine Blog Exp 5
The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.