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Subhransu Sarkar v. Indrani Sarkar (Nee Das)

Civil Appeal · 2021 INSC 479Decided 14 Sept 2021
Civil Appeal No. 5696 of 2021
Justice L. Nageswara Rao · Justice B.R. Gavai

Background

The appellant husband sought dissolution of his marriage alleging cruelty and desertion by his wife, including that she insisted on living separately from his parents, misbehaved with in-laws, and had physically assaulted him during holidays. Both the Trial Court and the Calcutta High Court dismissed his plea, finding he had failed to prove cruelty. By the time the matter reached the Supreme Court, the couple had been living separately for more than 16 years, and the wife, who did not initially engage a lawyer, maintained through a court-appointed amicus curiae that she still wished to continue the marriage.

Decision Breakdown

The Supreme Court, without commenting on the merits of who was at fault, held that the marriage was "emotionally dead" after such prolonged separation and that no purpose would be served in compelling the parties to remain legally married. Relying on its earlier decisions in Sukhendu Das v. Rita Mukherjee and Munish Kakkar v. Nidhi Kakkar, the Court exercised its special constitutional power under Article 142 to do "complete justice" and dissolved the marriage even without the wife's consent, while directing the husband to pay her Rs. 25 lakhs in full and final settlement of all her claims, including maintenance.

Lesson Learnt

The Supreme Court can use its unique Article 142 power to end a marriage that has irretrievably broken down even if one spouse objects and no other court has granted a divorce, but such relief typically comes paired with a financial settlement to protect the other spouse's interests.

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

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