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2025 Supreme(SC) 1605

SUPREME COURT OF INDIA
Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ.
Xxx – Appellant
Vs.
Yyy – Respondent
Transfer Petition (C) No. 2922 of 2024
Decided on : 20-03-2025

Headnote:(A) Code of Civil Procedure, 1908 - Section 25 - Hindu Marriage Act, 1955 - Sections 12(1)(a), 13(1)(ia) - Grant of divorce - Divorce granted on the ground of irretrievable breakdown of marriage, in light of the factors outlined by the Constitution Bench in Shilpa Sailesh - The couple had been separated for over three years with no intent for reconciliation, being independent professionals with no children - Application accepted under Article 142 of the Constitution. (Paras 1-10)

(B) Irretrievable breakdown of marriage - The discretion to grant divorce on this ground requires careful consideration of various factors, ensuring complete justice is achieved for both parties. Factors include duration of separation, nature of allegations, and attempts at reconciliation. (Paras 7-8)

Facts of the case:
The parties, both lawyers, were married in 2015 and separated in 2022 after unsuccessful attempts made by family and mediators - The respondent filed for divorce in September 2024. (Paras 2.1-2.5)

Findings of Court:
The court concluded that the factors for granting a divorce, including the irretrievable breakdown of the marriage, were sufficiently met and justified the granting of the decree. (Paras 8-9)

Issues: The main issues included whether the marriage had irretrievably broken down and whether the requisite factors for divorce were satisfied. (Paras 5, 7)

Ratio Decidendi: The court affirmed that a divorce on the basis of irretrievable breakdown is at the discretion of the court and contingent upon a detailed assessment of the situation—sufficient separation time and both parties' independent capability being strong enough considerations. (Paras 7-9)

Result: The application was granted, and the divorce was ordered.

Table of Content
1. marriage irretrievably broken down due to separation. (Para 2 , 3)
2. mediation attempted but unsuccessful. (Para 4 , 5)
3. factors for granting divorce based on irretrievable breakdown. (Para 7 , 8 , 9)
4. decree of divorce granted under article 142. (Para 10 , 11)

ORDER :

1. This transfer petition under Section 25 of the Code of Civil Procedure, 1908 read with Order LXI(1) of the SUPREME COURT RULES , 2013, seeking transfer of H.M.A.No.1200/2024 filed under Section 12(1)(a) and 13(1)(ia) of the Hindu Marriage Act 1955 [Hereinafter "HMA"] from the Court of Family Judge No.1, Jaipur Metropolitan, Jaipur (Rajasthan) to the Court of the Principal Family Judge, Family Court, Dwarka, has been filed by the petitioner-husband.

2. This petition arose in the following circumstances:

2.1 Both the petitioner and the respondent are lawyers by training and profession, having met while at college. Their relationship, which began in the year 2007, progressed to their betrothal in February 2013 and culminated in marriage on 30th January 2015 at Jaipur. Their pursuit of law as a profession was also a joint exercise.

2.2 Both being practicing advocates in Delhi/NCR, they resided together since marriage till 13th March 2022. For reasons not warranting disclosure, parties parted ways since then. Attempts by elders and well-wishers did not yield any positive resolution in the amicable solution of issues arising from matrimonial discord.

2.3 However, in February 2023, there was some short-lived consensus that they should make attempts to start life afresh, which also could not fructify.

2.4 They met once again on 15th April 2023 when the gifts exchanged between the families during the marriage ceremony were returned.

2.5 Later on, several proceedings under different statutes were initiated by the parties. We refrain from referring to the allegations made therein.

3. Finally, seeking divorce, proceedings before the Court of Family Judge No.1, Jaipur, were filed by the respondent-wife in the month of September 2024. Since both parties are undisputedly residing in Delhi, hence, this transfer petition by the husband.

4. When this matter came up for consideration before Hon'ble Judge in Chambers on 11th November, 2024, this Court made the following order :

    "1. Registry is directed to mask the identity of both the parties.

    2. Issue notice. Ms. Megha Karnwal, learned Advocate on-Record who appears on caveat accepts notice. Service of notice is dispensed with.

    3. The counsel for the parties agree for a mediated settlement.

    4. In view of the above, we consider it proper to refer the matter to the Mediation Centre attached to this Court. The parties shall appear before the Coordinator of the Supreme Court Mediation Centre on 28th November, 2024 at 11:00 a.m. either physically or through video conferencing facility.

5. Thereafter, it will be at the discretion of the Mediator nominated by the Coordinator to allow virtual appearance of the parties or to insist for the physical presence as may be necessary.

6. The mediation report may be submitted within two months.

7. In the meanwhile, further proceedings in HMA No.1200/2024 titled as "YYY Vs. XXX" pending before the Court of Principal Judge, Family Court, Jaipur, Rajasthan shall remain stayed, until further orders."

However, the mediation remained unsuccessful.

5. The respondent wife filed I.A.No.45574 of 2025 seeking dissolution of marriage on the ground of irretrievable breakdown as per this Court's power under Article 142 of the Constitution of India. In such application, it is averred that the present is a fit case for exercise of this extra-ordinary jurisdiction, inter alia, on the grounds that :

    A. Parties have been separated since 13th March 2022, i.e., for more than three years and the marriage has irretrievably broken down.

    B. There is absolutely no chance of the marriage surviving, and as such, continuation of the same, even if only on paper, adds to the misery of the parties and their families.

6. W

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