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Kumari Rekha v. Shambhu Saran Paswan

Civil Appeal · 2025 INSC 631Decided 6 May 2025
Civil Appeal No. 3489 of 2025 (arising out of SLP (Civil) No. 18812 of 2022)
Justice Dipankar Datta · Justice Manmohan

Background

The appellant-wife's divorce petition under Section 13 of the Hindu Marriage Act was dismissed by the Family Court in Bihar, while the respondent-husband's petition for restitution of conjugal rights under Section 9 was allowed; the Patna High Court upheld both decisions. The couple married in 1999, had a daughter, and had been living separately for over 12 years, with the wife insisting there was no possibility of reconciliation while the husband wanted to resume the marriage.

Decision Breakdown

The Supreme Court, after interacting virtually with the couple's adult daughter (a medical student) and finding her sufficiently mature to understand the situation, concluded that the marriage had irretrievably broken down given the prolonged 12-plus year separation and repeated failed reconciliation attempts. The Court exercised its special power under Article 142 of the Constitution to grant a divorce even though none of the specific statutory grounds under the Hindu Marriage Act had been established and despite the husband's continued opposition. No alimony was awarded since the wife had not made any such claim.

Lesson Learnt

The Supreme Court can dissolve a marriage under Article 142 of the Constitution purely on the ground of irretrievable breakdown - even without the consent of both spouses or proof of a specific fault-based ground - when a prolonged separation makes reconciliation clearly impossible.

Official source (sci.gov.in)View Judgment (PDF)

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