Sonal Talpada v. Veerbhan Singh
Background
The husband had filed for divorce from his wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty; the Family Court at Bharatpur, Rajasthan dismissed his petition in 2018, but the Rajasthan High Court reversed that decision and granted the divorce. The wife then appealed to the Supreme Court. Both spouses are doctors employed in government service (the wife in Gujarat, the husband in Rajasthan), had no children, and had lived apart for over 15 years since shortly after their 2007 marriage.
Decision Breakdown
The Supreme Court held that although the specific ground of cruelty was not conclusively established with fresh evidence, the marriage had irretrievably broken down: the parties had lived separately for over 15 years with no realistic chance of reconciliation. Exercising its special power under Article 142 of the Constitution of India (which lets the Court do "complete justice" beyond the strict grounds listed in ordinary divorce law), the Court dissolved the marriage. It reasoned that prolonging a legally dead marriage only causes further psychological and social harm, and since there were no children and both parties were financially independent, no third party would be harmed by ending it. The appeal was technically dismissed (upholding the divorce), with no order as to costs.
Lesson Learnt
Even where a divorce cannot be strictly proven on a fault ground like cruelty, the Supreme Court can (using its unique Article 142 constitutional power (a power only the Supreme Court has, not lower courts)) dissolve a marriage that has become emotionally and practically dead due to prolonged, lengthy separation, in the interest of both parties and society.