Supreme Court Grants Divorce on Ground of Irretrievable Breakdown of Marriage Under Article 142

In Jatinder Kumar Sapra v. Anupama Sapra (2024 Latest Caselaw 304 SC), the Supreme Court exercised its extraordinary powers under Article 142 of the Constitution to dissolve a marriage that had irretrievably broken down after the parties had lived separately for over 22 years. The Court held that continuing a marriage that was emotionally and practically beyond repair would serve no useful purpose and awarded permanent alimony of ₹50 lakh to the wife.

The parties were married in 1991 according to Hindu rites and had two children from the marriage. Over time, serious matrimonial disputes arose, with both spouses alleging cruelty against each other. The husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The Family Court dismissed the petition, and the Punjab and Haryana High Court affirmed that decision. The husband then approached the Supreme Court. During the proceedings, the Court made several efforts to facilitate an amicable settlement and appointed a senior advocate to assist in mediation. Despite these efforts, both parties remained firm in their decision to part ways, and no settlement could be reached.

Whether the Supreme Court should exercise its powers under Article 142 of the Constitution to dissolve the marriage on the ground of irretrievable breakdown despite the failure of the divorce petition before the courts below.

The Supreme Court observed that the parties had been living separately since January 2002, amounting to more than 22 years of separation. Relying upon its Constitution Bench decision in Shilpa Sailesh v. Varun Sreenivasan, the Court reiterated that although irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, the Supreme Court may invoke its powers under Article 142 to grant divorce where complete justice demands such relief. The Court noted that: •The parties had remained separated for over two decades. •Multiple attempts at reconciliation and mediation had failed. •Both spouses were unwilling to resume cohabitation. •Their two children had become majors and were financially independent. •The marriage had become emotionally dead and beyond any possibility of revival. The Court held that compelling the parties to continue the legal relationship would neither serve their interests nor advance the cause of justice. Considering the husband's financial status and professional background, the Court directed him to pay permanent alimony of ₹50 lakh to the wife in five equal instalments of ₹10 lakh each between May and September 2024.

The Supreme Court: •Allowed the appeal. •Dissolved the marriage by exercising its powers under Article 142 of the Constitution on the ground of irretrievable breakdown of marriage. •Directed the husband to pay permanent alimony of ₹50 lakh to the wife in five instalments. •Directed that the decree of divorce be issued only after proof of payment of the entire alimony amount was furnished before the Registry. 

The judgment reaffirms the Supreme Court's discretionary power under Article 142 to dissolve marriages that have irretrievably broken down, even where statutory grounds for divorce are not established. It underscores that prolonged separation, failed reconciliation efforts, and the absence of any realistic possibility of resuming matrimonial life may justify the exercise of constitutional powers to do complete justice, while ensuring fair financial security for the dependent spouse.