Supreme Court Grants Divorce Due to Irretrievable Breakdown, Citing Impact of Criminal Complaints

The Supreme Court dissolved a marriage on the grounds of irretrievable breakdown, exercising its extraordinary powers under Article 142(1) of the Constitution. The Court granted the divorce despite opposition from the wife, taking into account the acrimonious history of litigation between the couple, including criminal complaints filed by the wife that led to the husband’s arrest and impacted his personal and professional life.

It is pertinent to mention that it was the second marriage for both parties, which lasted for a short duration, whereas the husband is a US citizen who sought divorce from his wife after alleging issues such as wife's interference in his relationship with his children from his previous marriage and her unreasonable financial demands. The couple had already attempted divorce through mutual consent and contested proceedings before the Family Court, but these attempts were unsuccessful.

The wife had, initially, opposed the husband's plea for divorce filed under Article 142(1) on the ground that she was eager to continue the marriage. However, simultaneously, she filed criminal complaints against the husband and the members of his family alleging grave offences such as cruelty, rape and cheating. The said complaints culminated in the issuance of a Look Out Circular against the husband, who was arrested at the Mumbai airport.

The Court, while acknowledging its power to dissolve marriages based on irretrievable breakdown as established in Shilpa Sailesh vs. VaruThe Court, while conscious of its power to dissolve a marriage on the ground of irretrievable breakdown defined in Shilpa Sailesh vs. Varun Sreenivasan, had called for caution. It had taken into consideration factors such as the length of marriage, nature of allegations, attempts at reconciliation, and overall impact on the relationship.

The Supreme Court held that the marriage between the parties was irretrievably broken as the litigations between the two had become so bitter. Following are the main factors which were considered by the Court:

There were three divorce petitions filed by the husband, showing his marital intention and there was little cohabitation between the parties, as the husband was mostly staying in the USA. And the wife's criminal complaints, leading to the husband's arrest, created a significant obstacle to reconciliation.

On failed mediation attempts, the Court held that due to failure of multiple mediation efforts it indicats the parties are unable to resolve their differences.

The Court also expressed concern over the increasing trend of using criminal complaints in matrimonial disputes for leverage and negotiation. It cited several cases, and referring to the case of Dara Lakshmi Narayana vs. State of Telangana (Click to Download) the Court cautioned against implicating family members in matrimonial disputes without specific evidence.

Citing the case of Achin Gupta vs. State of Haryana & Anr.(Click to Download) The Court emphasized that police intervention should be a last resort in matrimonial disputes. The Apex Court also relied Preeti Gupta vs. State of Jharkhand(Click to Download), the Court highlighted the negative consequences of protracted criminal trials on the possibility of reconciliation.

The Court concluded that compelling the couple to continue their marriage would be a futile exercise, causing them further hardship. It held that dissolving the marriage was the most just solution under the circumstances.

In determining the amount of alimony, the Court considered the wife’s claim for an amount equal to what the husband's ex-wife received, along with his current financial status. The Apex Court rejected this approach by emphasizing that alimony should be based on the wife’s needs and not on attempts to equalize wealth. The Court ultimately awarded a lump sum payment of Rs. 12 crores as permanent alimony, accepting the Family Court's assessment and providing an additional amount for the wife to purchase a new flat.

Supreme Court’s evolving approach towards granting divorce in cases of irretrievable breakdown of marriage, particularly when coupled with the impact of criminal proceedings on marital relationships.

Coram: Justice B.V. Nagarathna and Justice Pankaj Mithal..
Between: Rinku Baheti Vs Sandesh Sharda
Date of Judgement: 19-12-2024