2024 Supreme(SC) 1223

SUPREME COURT OF INDIA
B.V. NAGARATHNA, PANKAJ MITHAL, JJ.
Rinku Baheti – Petitioner
Versus
Sandesh Sharda – Respondent
Transfer Petition (Civil) No. 278 of 2023
Decided On : 19-12-2024

IMPORTANT POINTS
(1) Divorce – Article 142(1) of Constitution of India, Supreme Court can dissolve marriage on the ground of Irretrievable breakdown of marriage.
(2) Hindu marriage is a sacrament and is considered to be a sacred institution as a foundation for a family and not a commercial venture.
(3) Permanent alimony – Quantum of permanent alimony should be based on a balanced consideration of various factors – Once parties have separated, it cannot be expected of husband to maintain her as per his present status all his life.

Headnote:

(A) Constitution of India – Article 142 – Divorce – Irretrievable breakdown of marriage – Power to grant decree of divorce under Article 142(1) of Constitution is exercisable by Courts when, in opinion of Supreme Court there is complete and irretrievable breakdown of marriage, in spite of other spouse opposing such prayer – Parties can jointly seek for dissolution of their marriage by decree of divorce by mutual consent – However, ground of divorce on the premise that there is irretrievable breakdown of marriage and in order to do complete justice to parties on anvil of Article 142(1) of Constitution of India is an avenue for dissolution of marriage by a decree of divorce granted by Supreme Court by exercising its powers under Article 142(1) of Constitution – Object of exercising such power is ultimately to do complete justice between parties – Usually, when Supreme Court moulds relief while ensuring that no injustice is caused, power is exercised under Article 142(1) for doing complete justice in the matter – Sometimes, while laying down law in a matter, direction could be issued by granting relief in a particular way in that particular case so as to safeguard the interest of parties – Supreme Court would also look into equitable consideration while passing such orders given facts and circumstances of a case, so as to further cause of justice. (Paras 6.1, 7 and 8.15)

(B) Civil Procedure Code, 1908 – Section 25 – Hindu Marriage Act, 1955 – Section 13(1) – Transfer of Divorce Petition – Parties and their family members have been involved in numerous litigations during brief period of their marital relationship – Father-in-law of petitioner had also filed complaint under relevant provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking eviction of petitioner from matrimonial house – There was no meaningful relationship between parties inasmuch as respondent was making endeavours to put an end to his marriage with petitioner by filing successive divorce petitions – It is respondent who has filed present application under Article 142(1) seeking decree of divorce – Intention of respondent is clear inasmuch as he does not wish to continue his marital ties with petitioner – Forcing parties to now move back to Family Court and pursue their legal remedies, or to compel them to carry on in present marital bond for sake of formality, would amount to bestowing unwarranted hardship on already sparring spouses – Hindu marriage is a sacrament and is considered to be a sacred institution as a foundation for a family and not a commercial venture – In present case, parties haven’t adhered to their marital oath – There is no child born out of wedlock – This is a fit case to exercise discretion under Article 142(1) of Constitution to dissolve marriage between parties on the ground of irretrievable breakdown of marriage – Application allowed. (Paras 9.2, 9.5, 9.8, 9.10, 9.11, 9.16, 11, 11.1, 12 and 13)

(C) Hindu Marriage Act, 1955 – Section 25 – Permanent alimony – Quantum of – Wife is entitled to be maintained as far as possible in a manner that is similar to what she was accustomed to in her matrimonial home while parties were together – But once parties have separated, it cannot be expected of husband to maintain her as per his present status all his life – If husband has moved ahead and is fortunately doing better in life post his separation, then to ask him to always maintain status of wife as per his own changing status would be putting a burden on his own personal progress – Petitioner cannot simply claim an amount equal to what ex-wife of respondent had received or on the basis of income of respondent – Her entitlement to maintenance has to be decided based on factors applicable to her and not depend on what respondent had paid to his ex-wife or solely on his income – Total sum of Rs. 12 Crores is liable to be paid as permanent alimony to petitioner by respondent as a full and final settlement of all her claims on respondent and his family – Respondent and his family shall also not demand return of any amounts that he or his family may have paid to petitioner or any jewellery or other valuables that he or his family may have gifted to petitioner. (Paras 14.3, 14.4, 14.5, 14.7, 14.10 and 15)

Facts of the case:

Question for consideration is whether this Court, upon application filed by respondent-husband, can exercise its powers under Article 142(1) of Constitution of India to grant decree of divorce to parties herein on the ground of irretrievable breakdown of marriage. If yes, then on what terms.

Findings of Court:

Application filed by the respondent-husband under Article 142(1) of Constitution of India is allowed and the marriage between the petitioner and the respondent is dissolved on the ground of irretrievable breakdown of marriage. Criminal cases and consequential proceedings pending against respondent-husband, filed by the petitioner herein, are hereby quashed.

Result : Transfer Petition disposed of.