InCivil Appeal No. 6932 of 2023 -SC- Supreme Court exercises discretion under Article 142(1) to grant divorce on grounds of irretrievable breakdown of marriage
Justice Sanjiv Khanna & Justice S.V.N. Bhatti [20-10-2023]

Read Order: Nikesh Kumar V. Suman Devi

Chahat Varma

New Delhi, November 1, 2023: In a recent case, the Supreme Court has exercised its discretion under Article 142(1) of the Constitution, to grant divorce to a couple on the grounds of irretrievable breakdown of marriage.

The case involved Nikesh Kumar, who appealed the Jharkhand High Court's decision to set aside the divorce decree originally granted to him. Nikesh Kumar and Suman Devi were married on December 8, 2004, but their marriage deteriorated quickly, leading to them living separately within a year. Nikesh Kumar sought a divorce, citing cruelty and desertion as grounds, and the Family Court in Hazaribagh, Jharkhand, granted the divorce decree on August 9, 2012. Subsequently, Nikesh Kumar remarried and had a child with his new spouse. Suman Devi filed an appeal challenging the 2012 divorce decree, and the Jharkhand High Court allowed her appeal on July 2, 2018.

The division bench, comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti, referred to the case of Shilpa Sailesh v. Varun Sreenivasan [LQ/SC/2023/555], where the court had established that a marriage can be dissolved under Article 142(1) of the Constitution when it irretrievably breaks down. The court had outlined critical factors for assessing this breakdown, including the duration of post-marriage cohabitation, the last cohabitation date, the nature of allegations, legal proceedings' orders, cumulative impact on the relationship, attempts at dispute resolution through court or mediation, and a separation period exceeding six years.

In the specific case, the division bench found that the appellant and the respondent had been living separately for over 17 years, with their last cohabitation in November 2005. The court concluded that the established facts demonstrated a complete failure of the marriage, with no prospect of reconciliation or cohabitation. Therefore, the court found it unjustified to continue the formal legal relationship between the parties.

Based on these circumstances, the court invoked its authority under Article 142(1) of the Constitution and issued a decree for divorce. The divorce was granted on the grounds of the irretrievable breakdown of the marriage between the appellantand the respondent.