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Prakashchandra Joshi vs Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah

Not available · 2024 INSC 55Decided 24 Jan 2024
Not available
Justice B.R. Gavai · Justice Prashant Kumar Mishra

Background

The couple married in 2004 and lived in Canada, where a son was born in 2010. After the husband lost his job during a recession, the family returned to India in 2011; the wife soon left for her parental home and eventually returned to Canada with their son, refusing to reconcile despite the husband's attempts to contact her. The husband's divorce petition on grounds of cruelty and desertion was dismissed by the Family Court and the High Court, with the wife never appearing or contesting any stage of the proceedings, including before the Supreme Court.

Decision Breakdown

The Supreme Court found that the couple had lived completely apart for about 13 years with no contact whatsoever, and that the wife had not responded even to the Supreme Court's own notice, indicating she was no longer interested in continuing the marriage. Relying on its earlier ruling in Shilpa Sailesh v. Varun Sreenivasan, which held that the Supreme Court may use its special constitutional power under Article 142(1) to grant a divorce for irretrievable breakdown even without both parties' consent, the Court held this was a fit case to exercise that discretion. It allowed the appeal and dissolved the marriage by a decree of divorce.

Lesson Learnt

The Supreme Court can dissolve a marriage on the ground that it has irretrievably broken down, using its special "complete justice" power under Article 142 of the Constitution, even where the other spouse never consents or even participates, but this is treated as a careful, fact-specific discretion, not an automatic right after any period of separation.

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

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