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The Supreme Court on Wednesday ended the matrimonial alliance of a couple entered in 2009, after finding that the relationship between the parties has irretrievably broken down, even though the wife resisted the grant of divorce. A bench of Justices Vikram Nath and Sandeep Mehta noted, even the attempt at reconciliation through the Supreme Court Mediation Centre did not yield any positive result. “Years of acrimony and bitterness have defined their relationship, and despite the appellant-wife contesting the grant of divorce, we find that no marital bond survives between them. In these circumstances, there is no purpose in perpetuating a legal relationship that has ceased to have any meaning. Therefore, we find this a fit case to grant a decree of divorce using our powers under Article 142 of the Constitution of India,” the bench said. The court also noted the parties have been living separately since April 15, 2010, more than 15 years now. The court allowed the man’s plea after finding that the offer of Rs 1 crore only made by him, was a just, fair and reasonable amount as permanent alimony and towards all pending dues. As per facts of the matter, the marriage between the parties was solemnised on October 5, 2009. The appellant-wife alleged mental and physical harassment by her in-laws, which led her to leave the matrimonial home on April 15, 2010. While living at her parental home, the appellant-wife gave birth to their son on December 28, 2010. The matter before the court arose out of the wife’s plea against the High Court’s order dismissing her application for maintenance under Section 125 of the Criminal Procedure Code. She was also aggrieved with the High Court’s order partially allowing the husband’s plea against directions issued under the Protection of Women from Domestic Violence Act. In the case, the court passed several orders directing the respondent husband to clear the outstanding maintenance arrears due to the appellant-wife and their minor child. Having submitted bank drafts, the man offered to pay Rs one crore as permanent alimony to the wife and the child and urged the court to exercise the extraordinary power under Article 142 of the Constitution to do complete justice to end the relationship. Allowing his plea, the bench ordered, this amount would be treated as a full and final settlement of all claims between the parties including those of the minor child represented by his guardian mother. The court said upon the receipt of money within three months, neither party would raise any further claim against the other. “However, this shall not preclude the respondent father from contributing for the child’s education. All pending proceedings, civil or criminal, arising out of this marriage, shall by virtue of this order, stand quashed and closed,” the court said.
