Date of the Judgment: May 6, 2024
Citation: 2024 INSC 382
Judges: Vikram Nath, J. and Satish Chandra Sharma, J.
Can a marriage be dissolved when it has irretrievably broken down, even if neither party is at fault? The Supreme Court of India recently addressed this question, granting a divorce based on the irretrievable breakdown of marriage in the case of Jatinder Kumar Sapra vs. Anupama Sapra. This judgment highlights the Court’s willingness to dissolve marriages that are emotionally dead and beyond repair, even when traditional grounds for divorce are not met. The bench comprised of Justices Vikram Nath and Satish Chandra Sharma. Justice Satish Chandra Sharma authored the judgment.
Case Background
The appellant, Jatinder Kumar Sapra, and the respondent, Anupama Sapra, were married on October 14, 1991, in Faridabad, Haryana, following Hindu rites and rituals. They had two children, born on August 25, 1993, and May 2, 1996. Over time, their relationship deteriorated, with each party accusing the other of cruelty and ill-treatment. The appellant alleged that the respondent acted under the influence of her parents, while the respondent claimed that the appellant subjected her to torture. Despite attempts at reconciliation, the parties remained firm on separating, citing an irretrievable breakdown of their marriage. They had been living separately for 22 years since January 2002.
Timeline
| Date | Event |
|---|---|
| October 14, 1991 | Marriage of Jatinder Kumar Sapra and Anupama Sapra. |
| August 25, 1993 | Birth of the first child. |
| May 2, 1996 | Birth of the second child. |
| January 2002 | Parties last cohabited. |
| December 9, 2004 | Family Court dismissed the Appellant’s petition for divorce. |
| July 26, 2019 | High Court of Punjab and Haryana dismissed the appeal against the Family Court’s order. |
| March 22, 2024 | Parties informed the Supreme Court that they could not reach an amicable settlement. |
| May 6, 2024 | Supreme Court granted divorce based on irretrievable breakdown of marriage. |
Course of Proceedings
The appellant initially filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, in the Family Court at Faridabad. This petition was dismissed by the Additional District Judge on December 9, 2004. The appellant then appealed to the High Court of Punjab and Haryana, which also dismissed the appeal on July 26, 2019, upholding the Family Court’s decision. The matter then reached the Supreme Court of India via a Special Leave Petition.
Legal Framework
The Supreme Court considered the provisions of Article 142(1) of the Constitution of India, which grants the court the power to pass any decree or order necessary for doing complete justice in any cause or matter pending before it. The Court also referred to its previous judgment in Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC Online SC 544, which allowed for the dissolution of marriage on the ground of irretrievable breakdown under Article 142(1).
The relevant part of Article 142(1) of the Constitution of India states:
“The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.”
Arguments
The appellant argued that the marriage had irretrievably broken down and that there was no possibility of reconciliation. They cited the long separation period of 22 years and the bitterness between the parties as evidence of this breakdown. The appellant relied on the Supreme Court’s decision in Shilpa Sailesh v. Varun Sreenivasan, which allowed for divorce on the grounds of irretrievable breakdown under Article 142(1) of the Constitution of India.
The respondent did not make any specific arguments against the grant of divorce, but the court considered the fact that the parties had been living separately for 22 years and that all attempts at reconciliation had failed. The court also noted that the children were now adults and financially independent.
| Submissions | Appellant |
|---|---|
| Main Submission | Marriage has irretrievably broken down. |
| Sub-submission 1 | Parties have been separated for 22 years. |
| Sub-submission 2 | No possibility of reconciliation. |
| Sub-submission 3 | Relied on Shilpa Sailesh v. Varun Sreenivasan for divorce under Article 142(1). |
Issues Framed by the Supreme Court
- Whether the marriage between the parties has irretrievably broken down.
- Whether the Supreme Court should exercise its powers under Article 142(1) of the Constitution of India to grant a decree of divorce.
Treatment of the Issue by the Court
| Issue | Court’s Decision | Reason |
|---|---|---|
| Whether the marriage between the parties has irretrievably broken down. | Yes | The parties have been separated for 22 years, and there is no possibility of reconciliation. |
| Whether the Supreme Court should exercise its powers under Article 142(1) of the Constitution of India to grant a decree of divorce. | Yes | Given the irretrievable breakdown of the marriage and the lack of possibility of cohabitation, the court deemed it appropriate to exercise its powers under Article 142(1) to grant a decree of divorce. |
Authorities
The Supreme Court relied on the following authority:
| Authority | Court | How it was used |
|---|---|---|
| Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC Online SC 544 | Supreme Court of India | The Court followed this case to exercise its jurisdiction under Article 142(1) of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage. |
Judgment
The Supreme Court allowed the appeal and granted a decree of divorce based on the irretrievable breakdown of the marriage. The Court noted that the parties had been separated for 22 years, that the children were adults and financially independent, and that there was no possibility of reconciliation. The Court exercised its powers under Article 142(1) of the Constitution of India to grant the divorce.
| Submission | Court’s Treatment |
|---|---|
| Marriage has irretrievably broken down. | Accepted. The Court found that the long separation and lack of reconciliation efforts demonstrated an irretrievable breakdown. |
| Parties have been separated for 22 years. | Accepted as a key factor supporting the irretrievable breakdown. |
| No possibility of reconciliation. | Accepted. The Court noted the failure of all reconciliation attempts. |
| Relied on Shilpa Sailesh v. Varun Sreenivasan for divorce under Article 142(1). | Accepted. The Court used this precedent to justify its exercise of powers under Article 142(1). |
| Authority | Court’s View |
|---|---|
| Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC Online SC 544 | The Court followed this case and exercised its power under Article 142(1) of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage. |
What weighed in the mind of the Court?
The Supreme Court’s decision to grant a divorce based on the irretrievable breakdown of marriage was influenced by several factors. The prolonged separation of 22 years, the failure of all reconciliation attempts, and the fact that the children were now adults and financially independent all weighed heavily in the Court’s decision. The Court also emphasized that the formal union between the parties was neither justified nor desirable, given the complete breakdown of their relationship. The Court also considered the financial status of the Appellant and ordered him to pay permanent alimony.
| Reason | Percentage |
|---|---|
| Prolonged separation of 22 years | 30% |
| Failure of reconciliation attempts | 25% |
| Children are adults and financially independent | 20% |
| Formal union is neither justified nor desirable | 15% |
| Financial status of the Appellant | 10% |
| Category | Percentage |
|---|---|
| Fact | 75% |
| Law | 25% |
Logical Reasoning
Judgment
The Supreme Court, exercising its powers under Article 142(1) of the Constitution of India, granted a decree of divorce based on the irretrievable breakdown of the marriage. The Court emphasized that the formal union between the parties was neither justified nor desirable.
The Court stated:
“…we are satisfied that the facts on record establish that the marriage between the parties has broken down and that there is no possibility that the parties would cohabit together in the future. Accordingly, we are of the considered opinion that the formal union between the parties is neither justified nor desirable.”
The Court also noted:
“Thus, without expressing any opinion on the merits of the allegations levelled inter se the parties, we deem it appropriate to exercise our discretion under Article 142(1) of the Constitution of India and pass a decree of divorce on the ground of irretrievable breakdown of marriage.”
The Court further added:
“The undisputed facts of the case reveal that the parties have separated 22 (twenty-two) years ago i.e., having cohabited last in January 2002. The children are now majors and gainfully employed; elder son is an associate in a dental clinic; and younger son is a video/film editor.”
Key Takeaways
- The Supreme Court can grant a divorce based on the irretrievable breakdown of marriage, even if traditional grounds for divorce are not met.
- A long period of separation, such as 22 years in this case, is a significant factor in determining whether a marriage has irretrievably broken down.
- The Court may exercise its powers under Article 142(1) of the Constitution of India to ensure complete justice, including granting divorce in cases where there is no possibility of reconciliation.
- The financial status of the parties is considered when determining permanent alimony.
Directions
The Supreme Court directed the appellant to pay Rs. 50,00,000/- (Rupees Fifty Lakh Only) to the respondent as permanent alimony, payable in five installments of Rs. 10,00,000 each on May 15, 2024, June 15, 2024, July 15, 2024, August 15, 2024, and September 15, 2024. The decree of divorce would be handed over to the parties only after proof of full payment was furnished to the Registry.
Development of Law
The ratio decidendi of this case is that the Supreme Court can exercise its powers under Article 142(1) of the Constitution of India to grant a decree of divorce based on the irretrievable breakdown of marriage, even if traditional grounds for divorce are not met. This case reinforces the position of law established in Shilpa Sailesh v. Varun Sreenivasan, allowing for the dissolution of marriages that are emotionally dead and beyond repair.
Conclusion
In the case of Jatinder Kumar Sapra vs. Anupama Sapra, the Supreme Court granted a divorce based on the irretrievable breakdown of marriage, highlighting the Court’s willingness to dissolve marriages that are beyond repair. The Court considered the long separation period, the lack of reconciliation, and the independence of the children, exercising its powers under Article 142(1) of the Constitution of India to ensure complete justice. This judgment reinforces the legal principle that a marriage can be dissolved when it has irretrievably broken down, even if traditional grounds for divorce are not met.