VIKRAM NATH, SANDEEP MEHTA
A. Ranjithkumar – Appellant
Versus
E. Kavitha – Respondent
| Table of Content |
|---|
| 1. background of divorce case (Para 2 , 3) |
| 2. mediation attempts and legal representation (Para 4 , 5) |
| 3. irretrievable breakdown of marriage (Para 6 , 7 , 8) |
| 4. granting permanent alimony (Para 9 , 10 , 11) |
| 5. conclusion of the appeal (Para 12 , 13) |
JUDGMENT :.
VIKRAM NATH, J.
1. Leave granted.
2. This appeal arises from the judgment dated 24.08.2018 passed by the High Court of Judicature at Madras in Civil Miscellaneous Appeal No. 2678 of 2017, whereby the High Court allowed the appeal filed by the respondent-wife and set aside the decree of divorce granted by the Family Court on 17.10.2016.
3. The relevant facts, briefly stated, are as follows:
3.1. The marriage between the appellant-husband and the respondent-wife was solemnized on 15.02.2009. Shortly thereafter, the parties relocated to the United States of America, where the appellant-husband was employed.
3.2. A son was born to the parties on 07.04.2010.
3.3. On 26.09.2012, the appellant-husband instituted a divorce petition bearing H.M.O.P. No. 197 of 2012 (later renumbered as F.C.O.P. No. 245 of 2014) under Sections 13(1)(ia) and (ib) of the HINDU MARRIAGE ACT , 1955, seeking dissolution of marriage on the grounds of c
The Supreme Court dissolved the marriage due to irretrievable breakdown under Article 142, and awarded Rs.1,25,00,000 as permanent alimony after acknowledging the husband's lack of support.
Divorce – Continuance of an acrimonious marital bond, would serve no meaningful purpose and would only prolong agony of both spouses.
Divorce – A dead marriage must be given a decent quietus – There is no purpose in perpetuating a legal bond that has long ceased to have any substance.
(1) Divorce – Where marriage has lost its essence and that its continuation would serve no meaningful purpose – A dead marriage must be given a decent quietus..(2) Maintenance/Alimony – Financial ind....
Permanent alimony should reflect a fair balance between the financial capacity of the paying spouse and the needs of the receiving spouse, promoting equitable outcomes in divorce settlements.
The court established that prolonged separation and irretrievable breakdown of marriage justify granting a divorce and awarding permanent alimony.
Mutual consent for divorce was upheld, with the court exercising its powers under Article 142 to dissolve the marriage, setting aside the original decree based on desertion.
(1) Divorce – A dead marriage must be given a decent quietus.(2) Power under Article 142(1) of Constitution of India can be exercised by Supreme Court to dissolve a marriage which has lost its vigour....
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