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
| 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 :
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 :
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
(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....
(1) Divorce – Irretrievable breakdown of marriage – It is in interest of society that marriages, as far as possible, should be maintained – If marriage has been wrecked beyond scope of salvage, it is....
Divorce – A dead marriage must be given a decent quietus.
Divorce – Marriage can be dissolved on the ground of irretrievable breakdown – A dead marriage must be given a decent quietus.
Divorce – A dead marriage must be given a decent quietus.
(1) Divorce – It would not be desirable to accept formula of “irretrievable break down of marriage” as a strait-jacket formula for grant of relief of divorce under Article 142 of Constitution.(2) Cru....
:A dead marriage must be given a decent quietus – Decree of divorce can be granted on account of irretrievable breakdown of marriage between parties.
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
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