Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]

Marriages are said to be made in heaven. They are broken on earth, said the Supreme Court while dissolving a marriage on the ground of its irretrievable breakdown.

The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph observed that Article 142 of the Constitution of India can be invoked to dissolve a marriage in cases where a marriage is found to be a dead letter

In this case, the appellant before the Apex court was the wife who was aggrieved with non granting of divorce. The couple had resided together for barely two and a half months together. Since 2003, they are living separate and litigating against each other. The wife had made allegations of extra marital relationship against the husband, but the Trial court had rejected them.

Before the Apex Court, the wife, who is herself a lawyer, appeared in person. The bench tried to make them amicably settle the matter, but it failed. While observing that, in this case, the marriage is a dead letter, the bench observed:

"It is no doubt true that the divorce legislations in India are based on the 'fault theory', i.e., no party should take advantage of his/her own fault, and that the ground of irretrievable breakdown of marriage, as yet, has not been inserted in the divorce law, despite a debate on this aspect by the Law Commission in two reports.. We, however, find that there are various judicial pronouncements where this Court, in exercise of its powers under Article 142 of the Constitution of India, has granted divorce on the ground of irretrievable breakdown of marriage; not only in cases where parties ultimately, before this Court, have agreed to do so but even otherwise. There is, thus, recognition of the futility of a completely failed marriage being continued only on paper"

The bench also observed that matrimonial relationships require adjustments from both sides, and a willingness to stay together. The mere say of such willingness would not suffice, it added. It further said:

"We are conscious of the fact that this Court has also extended caution from time to time on this aspect, apart from noticing that it is only this Court which can do so, in exercise of its powers under Article 142 of the Constitution of India. If parties agree, they can always go back to the trial court for a motion by mutual consent, or this Court has exercised jurisdiction at times to put the matter at rest quickly. But that has not been the only circumstance in which a decree of divorce has been granted by this Court. In numerous cases, where a marriage is found to be a dead letter, the Court has exercised its extraordinary power under Article 142 of the Constitution of India to bring an end to it."

Dissolving the marriage, the bench observed:

"We are of the view that an end to this marriage would permit the parties to go their own way in life after having spent two decades battling each other, and there can always be hope, even at this age, for a better life, if not together, separately" 

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