A marriage that has grown increasingly bitter and hostile over time is nothing but cruel to both parties involved.
The Supreme Court made a significant ruling stating that the breakdown of a marriage beyond repair can be considered as a form of “cruelty” under Section 13 (1)(ia) of the Hindu Marriage Act, allowing for the dissolution of the marriage. The case involved a couple who had been separated for 25 years, having only been together as husband and wife for four years before their relationship deteriorated. Despite several legal cases filed against each other, the Family Court granted the husband’s plea for divorce on the grounds of cruelty in 2009. However, the Delhi High Court overturned this decision in 2011.
In the husband’s appeal, the Supreme Court acknowledged that the relationship between the couple had become bitter and acrimonious over time, and no children had been born during their marriage. The court recognized that irretrievable breakdown of a marriage is not yet a legal ground for divorce, despite a previous recommendation by the court in Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558. The Law Commission of India has also suggested in its 71st and 217th reports that a marriage that has effectively broken down should be officially recognized as such by the law.
The Supreme Court stated that while irretrievable breakdown of a marriage may not be recognized as a legal ground for divorce under the Hindu Marriage Act, cruelty is. In the case at hand, the court noted that the continuation of the marriage would only perpetuate the cruelty that each party inflicts upon the other. The court held that a marriage that has become increasingly bitter and hostile over time is a form of cruelty inflicted on both parties, and keeping such a broken marriage intact would be unjust. As a result, the bench concluded that irretrievable breakdown of a marriage is a valid ground for dissolution under Section 13 (1) (ia) of the Act.
The Supreme Court did not dispute the Delhi High Court’s ruling that filing cases against a spouse is not necessarily an act of cruelty. However, given the specific circumstances of the case, the court held that the marriage had irretrievably broken down and must end. The prolonged separation and lack of cohabitation, as well as the bitterness and absence of meaningful bonds between the couple, constituted cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The court emphasized that continuing the marriage would only perpetuate the cruelty that each party inflicts upon the other. The bench acknowledged that the dissolution of the marriage would only impact the parties involved, as there are no children born out of the marriage.
The Supreme Court granted the husband’s appeal and ordered him to pay Rs. 30 lakhs as permanent alimony to his wife. It is worth noting that a Constitution Bench of the Supreme Court is yet to decide whether the Supreme Court can dissolve a marriage based on irretrievable breakdown of marriage using its powers under Article 142 of the Constitution, as seen in the case of Shilpa Sailesh v. Varun Sreenivasan, where the verdict is still pending.
Source: https://www.livelaw.in/top-stories/irretrievable-breakdown-of-marriage-cruelty-divorce-supreme-court-dissolution-227340