Dr. Nirmal Singh Panesar vs. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar

Civil Appeal · 2023 INSC 896Decided 10 Oct 2023
Civil Appeal No. 2045 of 2011
Aniruddha Bose · Bela M. Trivedi

Background

The husband, a retired Air Force Wing Commander, filed for divorce in 1996 against his wife, a retired schoolteacher, alleging cruelty and desertion after the couple's relationship broke down when he was posted to Madras in 1984 and she chose to stay back with their children. The District Court granted the divorce, but the High Court (both Single Bench and Division Bench) reversed it, finding the husband had failed to prove cruelty or desertion, noting the wife had lived with him for 21 years, raised their three children, and never showed intent to permanently end the relationship. By the time the matter reached the Supreme Court, the husband was about 89 and the wife about 82, having lived separately for decades, and the husband now argued alternatively that the marriage should be dissolved as irretrievably broken down using the Court's special power under Article 142 of the Constitution.

Decision Breakdown

The Supreme Court agreed with the High Court that the husband had not proved either cruelty or desertion under Section 13(1) of the Hindu Marriage Act, applying settled principles that cruelty requires conduct seriously and unreasonably affecting the other spouse, and desertion requires an intentional, unjustified, permanent abandonment (animus deserendi), neither of which was established here. On the alternative plea for divorce on "irretrievable breakdown," the Court relied on the recent Constitution Bench ruling in Shilpa Sailesh v. Varun Sreenivasan, which held that Article 142 divorce-by-breakdown is a discretionary power to be used with great care, not a right or a "strait-jacket formula," and requires weighing factors like duration of separation, effect on dependents, and complete justice to both parties. The Court held that dissolving the marriage here would not serve "complete justice" because the wife, who had maintained the relationship and cared for the family since 1963 despite the husband's hostility, was still willing to care for him and did not wish to bear the social stigma of being labelled a "divorcee," and her sentiments deserved respect. The appeal was accordingly dismissed, and the marriage was not dissolved.

Lesson Learnt

Long separation alone does not automatically prove desertion or entitle a spouse to divorce, and the Supreme Court's special Article 142 power to dissolve an "irretrievably broken" marriage is a discretionary tool for complete justice, not an automatic right, and a genuinely willing, non-consenting spouse's sentiments can outweigh the other side's wish to formally end the marriage.

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