Marriage can be dissolved if it has succumbed to long-standing disputes: Supreme Court

Last update:December 11, 2024, 6:56 p.m. IST

In the case in question, the court ordered the CEO of a Dubai-based bank to pay his housewife Rs 5 crore as a one-time settlement and Rs 1 crore to their son, who has just completed his B Tech degree.

The Supreme Court dissolved the marriage of a couple in 1998 after finding that the husband and wife had been living separately for over two decades and had only cohabited for five to six years and had a son. was born. File image

On December 10, 2024, the Supreme Court observed that a marriage can be dissolved by it on the ground of irretrievable breakdown when the relationship is so strained that the marriage has succumbed to the long-standing differences between the parties and it is become impossible to save such a relationship.

“When the court is satisfied that there is no possibility of the marriage surviving and that no useful purpose, emotional or practical, would be served by the continuation of the damaged relationship, and it concludes that the marriage is completely dead, then he can exercise his inherent right. power under Article 142 of the Constitution of India to dissolve marriage,” a bench comprising Justices Vikram Nath and Prasanna B Varale said.

In this regard, the court cited the decisions of the Constitutional Court in Shilpa Sailesh v Varun Sreenivasan (2023), Kiran Jyot Maini v Anish Pramod Patel (2024), Ashok Hurra v Rupa Bipin Zaveri (1997) and Hitesh Bhatnagar v Deepa Bhatnagar (2011). ).

The division bench dissolved the marriage of a couple solemnized in 1998 after finding that the husband and wife had been living separately for over two decades and had only cohabited for five to six years and a son was born to them.

“Relations between the parties appear strained from the start and have further deteriorated over the years. The reconciliation process during the divorce proceedings also failed,” the bench noted.

The case before the court arose from interim maintenance proceedings.

The apex court noted that the parties had engaged in maintenance proceedings for a prolonged period and that there appeared to be no compelling reason to deal only with the issue of interim maintenance after twenty years of strained relationship and separation.

Since the parties had also mutually agreed to the dissolution of their marriage, the bench said, “We are of the view that the marriage between the parties should be dissolved by this court while exercising the discretion under section 142 of the Indian Constitution. »

She noted, however, that although the issue of light pendente alimony was now moot with the dissolution of the marriage, the wife’s financial interests still needed to be protected by the award of permanent alimony.

Regarding the position of law with regard to the determination of permanent alimony, the bench emphasized that there cannot be any strict guidelines or fixed formula for fixing the amount of permanent alimony.

“The amount of alimony is subjective in each case and depends on various circumstances and factors. The court must consider factors such as the income of both parties; conduct during the marriage; their individual social and financial situation; the personal expenses of each party; their individual abilities and duties to provide for the needs of their dependents; the quality of life enjoyed by the wife during the marriage; and other similar factors,” the court said.

She noted that the respondent’s wife was unemployed while the appellant was an accomplished banker who had held several senior positions in various international banks over the years.

The bench also recorded that the appellant was currently working as the Managing Director of Vision Bank in Dubai and his estimated salary was around AED 50,000 per month, which means around Rs 10-12 lakh per month. Along with this, the husband also owned significant investments as well as significant properties.

The court also noted that as per its order, the husband had paid Rs 72 lakh as arrears of alimony in addition to the alimony already paid by him.

Therefore, considering the facts and circumstances of the case, the court held that a one-time settlement of Rs 5 crore would be a fair, equitable and reasonable amount to be paid to the wife by the husband.

The court also ordered the husband to pay Rs 1 crore for the maintenance and care of the couple’s son, even though he is of age and has completed his B Tech degree, for higher education and financial security till that he becomes financially independent.