The Supreme Court of India has dissolved a 25-year-old marriage, observing that the relationship had “ceased to exist in reality” and that continuing the legal bond would serve no meaningful purpose. The apex court exercised its extraordinary powers under Article 142 of the Constitution to grant complete justice to the parties.
The bench noted that the couple had been living separately for several years and were embroiled in prolonged litigation, indicating a complete breakdown of the marital relationship.
The court held that when a marriage has irretrievably broken down, forcing parties to remain legally bound would only perpetuate bitterness and emotional distress, rather than preserve the institution of marriage.
While irretrievable breakdown of marriage is not yet a statutory ground for divorce under Hindu law, the Supreme Court has, in several cases, invoked Article 142 to dissolve marriages where reconciliation is impossible.
In this case, the court said the marriage existed only on paper, with no emotional, social, or practical connection between the spouses.
The bench took note of:
Prolonged separation
Multiple litigations between the parties
Failed attempts at mediation and reconciliation
The court concluded that there was no chance of the parties resuming cohabitation, making continuation of the marriage unjust.
Legal experts say the ruling reinforces the Supreme Court’s consistent view that human dignity, mental peace, and individual freedom must prevail over a purely technical continuation of a dead marriage.
The judgment also strengthens the growing judicial recognition of irretrievable breakdown as a valid basis for divorce, even as lawmakers debate formal inclusion of the ground in personal laws.
The Supreme Court has repeatedly urged Parliament to consider adding irretrievable breakdown of marriage as a statutory ground for divorce to reduce unnecessary litigation and emotional trauma for estranged couples.
Until then, the apex court continues to use its constitutional powers sparingly to address exceptional cases.
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