Munish Kakkar v. Nidhi Kakkar
Background
The husband and wife married in 2000 but lived together for barely two and a half months before the wife moved to Canada, obtained Canadian citizenship, and the marriage effectively broke down. The couple spent nearly two decades in multiple rounds of litigation, including divorce proceedings, without resolution, and the matter reached the Supreme Court in an appeal arising from those proceedings.
Decision Breakdown
The Supreme Court found that the marriage was a "dead letter" that had caused ongoing emotional trauma to both parties, and that there was no realistic prospect of reconciliation after two decades of conflict. Relying on its special constitutional power under Article 142 to do "complete justice," the Court exercised its extraordinary jurisdiction to grant a decree of divorce directly, rather than remitting the matter for further proceedings in the ordinary courts. It allowed the appeal, dissolved the marriage with immediate effect, and directed that the existing maintenance of Rs. 7,500 per month continue to be paid by the husband to the wife, leaving it open to either side to later seek enhancement or reduction.
Lesson Learnt
The Supreme Court can use its special Article 142 power to grant a divorce directly and end a marriage that has irretrievably broken down, even where ordinary divorce law may not provide a straightforward route, but this exceptional power is reserved for rare cases, not routine use.