Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown: Nikesh Kumar vs. Suman Devi (2023)

Date of the Judgment: October 20, 2023
Citation: 2023 INSC 961
Judges: Justice Sanjiv Khanna and Justice S.V.N. Bhatti

Can a marriage be dissolved if it has irretrievably broken down, even if neither party is at fault? The Supreme Court of India recently addressed this question in the case of Nikesh Kumar vs. Suman Devi. The Court, exercising its powers under Article 142 of the Constitution, granted a divorce, emphasizing the prolonged separation and the futility of continuing a defunct marriage. This case highlights the evolving understanding of marriage dissolution in Indian law, moving beyond fault-based grounds.

Case Background

Nikesh Kumar and Suman Devi were married on December 8, 2004. However, their marriage was short-lived, as Suman Devi began living separately around November 10, 2005. Since then, they have not lived together. Nikesh Kumar filed for divorce on September 15, 2006, citing cruelty and desertion. The Family Court in Hazaribagh, Jharkhand, granted the divorce on August 9, 2012.

Following the divorce decree, Nikesh Kumar remarried on November 29, 2012, and has a child from this second marriage. Meanwhile, Suman Devi appealed the divorce decree, which was allowed by the High Court of Jharkhand on July 2, 2018, setting aside the divorce. This led Nikesh Kumar to appeal to the Supreme Court.

Timeline

Course of Proceedings

The Family Court at Hazaribagh, Jharkhand, initially granted Nikesh Kumar a divorce on August 9, 2012, based on grounds of cruelty and desertion. However, Suman Devi appealed this decision, and the High Court of Jharkhand at Ranchi overturned the Family Court’s decree on July 2, 2018. This led Nikesh Kumar to file an appeal before the Supreme Court of India.

Legal Framework

The Supreme Court invoked Article 142(1) of the Constitution of India, which grants the court the power to pass orders necessary for doing complete justice in any cause or matter pending before it. The Court relied on its previous judgment in *Shilpa Sailesh v. Varun Sreenivasan* [2023 SCC OnLine SC 544], which established that a marriage can be dissolved on the ground of irretrievable breakdown by exercising powers under Article 142(1).

The Court in *Shilpa Sailesh (supra)* also laid down factors to be considered when determining whether a marriage has irretrievably broken down:

• ✓ The period of cohabitation after marriage.
• ✓ When the parties last cohabited.
• ✓ The nature of allegations made by the parties.
• ✓ Orders passed in legal proceedings.
• ✓ The cumulative impact on the relationship.
• ✓ Attempts made to settle disputes through court or mediation.
• ✓ A sufficiently long period of separation, typically six years or more.

These factors are to be evaluated considering the parties’ economic and social status, educational qualifications, whether they have children, and how the party seeking divorce intends to provide for the spouse and children.

Arguments

The judgment does not explicitly detail the arguments made by each side. However, it can be inferred that Nikesh Kumar sought a divorce based on the irretrievable breakdown of the marriage, while Suman Devi initially contested the divorce. The Supreme Court, however, focused on the prolonged separation and the lack of any possibility of reconciliation, rather than the specific arguments of cruelty or desertion.

The primary submission by Nikesh Kumar was that the marriage had irretrievably broken down due to the prolonged separation of more than 17 years, with the last cohabitation occurring in 2005. The Supreme Court considered this submission along with the factors laid down in *Shilpa Sailesh (supra)*.

The submission by Suman Devi was not explicitly mentioned, however, it can be inferred that she was contesting the divorce and seeking maintenance. However, the Supreme Court did not delve into the allegations made by either party but rather focused on the fact that the marriage had irretrievably broken down.

Issues Framed by the Supreme Court

The primary issue before the Supreme Court was whether the marriage between Nikesh Kumar and Suman Devi had irretrievably broken down, justifying a divorce under Article 142 of the Constitution of India.

Treatment of the Issue by the Court

Authorities

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the fact that the couple had been living separately for more than 17 years, with no possibility of reconciliation. The Court emphasized that continuing the formal legal relationship was unjustified. The financial settlement and the transfer of the plot of land were also considered to ensure complete justice.

The Court reasoned that the marriage had completely failed, with no chance of the parties reuniting. The continuation of the formal legal relationship was deemed unjustified. The Court also considered the welfare of both parties, ensuring a fair financial settlement and the transfer of the disputed land.

The Supreme Court quoted, *“In our considered view, the continuation of the formal legal relationship between the parties is unjustified.”*

The Court also stated, *“We are satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will reunite or cohabit together.”*

The Court also noted, *“During the pendency of the present appeal, numerous attempts were made to settle the matter. On persuasion by this Court, the appellant has agreed to pay an amount of Rs.25,00,000/- (Rupees twenty five lakhs only) to the respondent, in addition to the amount of Rs.15,00,000/- (Rupees fifteen lakhs only) which the appellant has already paid.”*

Key Takeaways

• ✓ The Supreme Court can grant a divorce based on the irretrievable breakdown of marriage under Article 142 of the Constitution.
• ✓ Prolonged separation and the lack of possibility of reconciliation are key factors in determining irretrievable breakdown.
• ✓ The Court considers the economic and social status of the parties, as well as the welfare of any children.
• ✓ Financial settlements and property transfers are part of the process to ensure complete justice.

Directions

The Supreme Court directed Nikesh Kumar to pay Suman Devi a total of Rs. 40,00,000 (Rupees forty lakhs only) in lieu of maintenance. This includes the Rs. 15,00,000 already paid and an additional Rs. 25,00,000 to be paid in two installments by February 28, 2024.

Suman Devi was directed to execute a gift deed for the plot of land in Ranchi, registered in her name, to Nikesh Kumar or his wife by February 28, 2024. If she fails to do so, an officer nominated by the Family Court, Hazaribagh, will execute the deed on her behalf.

Development of Law

The ratio decidendi of this case is that the Supreme Court can grant a divorce based on the irretrievable breakdown of marriage by exercising its powers under Article 142(1) of the Constitution. This case reinforces the position of law established in *Shilpa Sailesh (supra)*, allowing for the dissolution of marriages that have completely failed, even in the absence of fault-based grounds.

Conclusion

In Nikesh Kumar vs. Suman Devi, the Supreme Court granted a divorce based on the irretrievable breakdown of the marriage, using its powers under Article 142(1) of the Constitution. The Court considered the prolonged separation of over 17 years and the lack of any possibility of reconciliation. The Court also directed a financial settlement and the transfer of a plot of land to ensure complete justice for both parties. This judgment underscores the evolving approach of the Indian judiciary towards dissolving marriages that have irretrievably broken down.

Category

• Family Law
  • Divorce
  • Irretrievable Breakdown of Marriage
• Constitutional Law
  • Article 142, Constitution of India

FAQ

Q: What is irretrievable breakdown of marriage?
A: Irretrievable breakdown of marriage is a situation where the marital relationship has deteriorated to such an extent that there is no reasonable possibility of reconciliation. The parties are unable to live together, and the marriage has effectively ended.

Q: Can I get a divorce if my marriage has irretrievably broken down?
A: The Supreme Court can grant a divorce based on the irretrievable breakdown of marriage by exercising its powers under Article 142(1) of the Constitution. However, this is not a standalone ground for divorce under the existing laws.

Q: What factors does the court consider when deciding if a marriage has irretrievably broken down?
A: The court considers factors such as the length of separation, the last time the parties cohabited, the nature of allegations made, attempts at reconciliation, and the overall impact on the relationship.

Q: What is Article 142 of the Constitution of India?
A: Article 142(1) of the Constitution of India grants the Supreme Court the power to pass orders necessary for doing complete justice in any cause or matter pending before it.

Q: What happens to financial settlements and property in cases of divorce based on irretrievable breakdown?
A: The court ensures a fair financial settlement and may also direct the transfer of property to ensure complete justice for both parties.