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Family LawSupreme Court of India

Ramanuj Kumar v. Priyanka

Civil Appeal · 2025 INSC 543Decided 22 Apr 2025
Civil Appeal No. 14276 of 2024
Justice Vikram Nath · Justice Sanjay Karol · Justice Sandeep Mehta

Background

The husband's divorce petition, filed in 2014 on grounds of cruelty under the Hindu Marriage Act, was dismissed by both the Family Court in Ranchi and the Jharkhand High Court, which found the alleged cruelty could not be sustained given the timeline of events, including the birth of the couple's second child (who was diagnosed with cerebral palsy and later passed away) shortly after the petition was filed. By the time the matter reached the Supreme Court, the couple had been living separately for over eleven years, with the couple's elder daughter in the husband's exclusive care and no custody or visitation claim ever pursued by the wife, who explained she had been consumed by caring for their disabled younger child while also working as a government employee.

Decision Breakdown

The Supreme Court found the marriage completely and irretrievably broken down, noting failed mediation attempts and over a decade of separation with no prospect of reconciliation, and used its special power under Article 142 of the Constitution to dissolve the marriage directly, something the lower courts could not do since irretrievable breakdown is not itself a statutory ground for divorce under the Hindu Marriage Act. Even though the wife had never formally sought custody or visitation, the Court held she should not be permanently cut off from her daughter, as this would harm both mother and child, and granted her visitation rights two days a month at the husband's residence, at his expense, without deciding formal custody.

Lesson Learnt

The Supreme Court can grant a divorce on the ground of irretrievable breakdown of marriage using its special constitutional power even though ordinary courts cannot, and can craft protective arrangements like visitation rights for a parent's benefit even without a formal petition, when the child's and parent's welfare require it.

Ramanuj Kumar v. Priyanka – Legal Case Shots | LegalAware