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Family LawSupreme Court of India

Nayan Bhowmick vs. Aparna Chakraborty

Not available · 2025 INSC 1436Decided 15 Dec 2025
Not available
Justice Manmohan · Justice Joymalya Bagchi

Background

The husband-appellant and wife-respondent, who had worked together at LIC since 1992, married in 2000. The wife alleged she was pressured by the husband and his family to give up her job despite knowing her financial responsibilities toward her ailing mother and dependents, and that ill-treatment forced her to leave the matrimonial home in 2001. A trial court (Additional Deputy Commissioner, Judicial, Shillong) granted the husband a divorce decree on the ground of desertion in 2010, but the Gauhati High Court (Shillong Bench) reversed this in 2011, prompting the husband's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court noted that the parties had been living separately for a very long period, there were no children from the marriage, and reconciliation was not realistically possible, so no useful purpose would be served by keeping the litigation, and the marriage, alive on paper. While reiterating that courts should be reluctant to dissolve marriages merely because one party wants out, the Court found this was an appropriate case to invoke its extraordinary power under Article 142 of the Constitution to do complete justice. It accordingly held that the marriage had irretrievably broken down and dissolved it, upholding the trial court's original divorce decree and setting aside the High Court's judgment that had reversed it.

Lesson Learnt

Even where a party cannot strictly prove a fault ground like desertion to a High Court's satisfaction, the Supreme Court can use its special Article 142 power to grant divorce on the ground of irretrievable breakdown of marriage where prolonged separation and the absence of any realistic chance of reconciliation make continuing the legal tie pointless: this power, however, is exercised sparingly and only by the Supreme Court itself, not lower courts.

Nayan Bhowmick vs. Aparna Chakraborty – Legal Case Shots | LegalAware