New Delhi, April 24, 2025 — In a significant ruling, the Supreme Court of India invoked its powers under Article 142 of the Constitution to dissolve the marriage of a couple who had been living apart for more than a decade, citing a complete breakdown of marital ties.
A three-judge bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta passed the judgment while hearing an appeal filed by the husband challenging the order of the Jharkhand High Court, which had dismissed his plea for divorce and affirmed the decision of the Family Court, Ranchi.
“The parties have lived separate lives for over a decade, and there is a complete absence of marital ties. In our considered view, continuing such a marriage would only perpetuate hardship and serve no useful purpose. This is a fit case for exercise of this Court’s jurisdiction under Article 142 of the Constitution of India to do complete justice and dissolve the marriage on the ground of irretrievable breakdown,” the Bench held.
CASE BACKGROUND
The couple was married in 2012 and had two children. In 2014, the husband filed a petition under Sections 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955, seeking divorce on grounds of cruelty and mental disorder. At the time of filing, the wife was pregnant with their second child.
Subsequently, the wife filed criminal complaints under Section 498A of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, alleging physical and mental cruelty by the husband and his family. The second child was later diagnosed with cerebral palsy.
The Family Court dismissed the husband’s divorce plea, and the High Court upheld the decision, holding that the continued cohabitation until March 2014 and the birth of their second child in November 2014 weakened the husband’s case.
SUPREME COURT’S OBSERVATIONS
The Apex Court noted that the marriage had “completely and irrevocably broken down” and that all mediation efforts had failed. It was evident that neither party had any intention of resuming marital relations.
“On a perusal of the facts of the case, the Bench noted that the marriage had completely and irrevocably broken down. Multiple attempts at reconciliation through mediation had failed. Neither party had shown any willingness or inclination to restore the marital bond.”
VISITATION RIGHTS FOR THE MOTHER
While the mother had not pursued custody or formal visitation rights, the Court recognized the need for the child to maintain a bond with both parents:
“Depriving the mother of all contact would not only cause emotional harm to her but may also adversely impact the child. In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the respondent so that she may gradually rebuild a bond with her daughter. This way the daughter will also be blessed with the love, affection and guidance from her mother.”
The respondent has been granted visitation rights twice a month, with the dates to be mutually agreed upon by both parties. The visits will take place at the appellant’s residence.
FINAL VERDICT
The Court allowed the husband’s appeal and dissolved the marriage under Article 142 on the ground of irretrievable breakdown of the marital relationship.
“The respondent shall be entitled to visitation in the terms set forth above,” the Court concluded.
CASE TITLE:
ABC v. XYZ
Neutral Citation: 2025 INSC 543
