Supreme Court Grants Divorce Despite Wife's Objection, Citing Irretrievable Breakdown

The case arose out of a matrimonial dispute between an army officer and his wife, who married in April 2017 but separated soon thereafter. | India News

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The Supreme Court has granted a divorce to a couple despite the wife's opposition, citing the irretrievable breakdown of their marriage.

A bench of justices Vikram Nath and Sandeep Mehta observed that the marriage had collapsed beyond repair and continuing the legal bond would only prolong bitterness and litigation.

The court invoked its extraordinary power under Article 142 of the Constitution to dissolve the marriage, which had been existing "only on paper" for over eight years.

The couple had been living separately since 2017, with multiple civil and criminal proceedings pending between them.

The wife had opposed the direct grant of divorce, intending to pursue a contested divorce petition under Section 13(1)(i) of the Hindu Marriage Act on grounds of adultery.

However, the court acknowledged the wife's stand but noted that the surrounding circumstances left no room for preserving the matrimonial tie.

The court substantially enhanced the permanent alimony payable to the wife from ₹32 lakh to ₹50 lakh, considering the parties' financial capacities, lifestyle, and years of separation.

The court also ordered the closure of all pending proceedings between the parties, including maintenance and domestic violence cases.