Supreme Court Dissolves Dead Marriages on the ground No Child No Hope No Marriage
the Supreme Court clarified: a Hindu marriage that is completely dead, has no children, and cannot be reconciled can be dissolved instantly under Article 142(1) — even if one spouse opposes. No proof of cruelty, desertion, or mutual consent is required
Legal Notes :
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Long separation & no cohabitation → marriage treated as “dead.”
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Failed mediation/counseling → proves reconciliation impossible.
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No child born → fastest factor for dissolution.
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Opposing spouse → opposition ignored if marriage is irretrievably broken.
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Pending cases across cities/states → Transfer Petition under Article 142 ideal.
Permanent Alimony:
No fixed formula. Courts consider: wife’s income & needs, residence, medical/educational costs, husband’s income & liabilities, duration of marriage, and stridhan/assets. Supreme Court emphasizes a holistic, case-by-case approach.
If your Hindu marriage is completely dead, no child is involved, and reconciliation is impossible — the Supreme Court can dissolve it in a single order under Article 142(1), even if one spouse is opposing.
You do not need to prove cruelty, desertion, or any “fault”. You do not need mutual consent. You do not even need the case to be transferred anywhere.
The latest judgments (including the ones quoted above) beautifully sum up the law:
“A Hindu marriage is a sacrament… But unfortunately in the present case, the parties have not adhered to their marital oath… their marriage has completely failed.” (Supreme Court, 2024–2025)
“Another factor that has weighed with this Court… is that there is no child born from the wedlock and therefore, any direction to allow the parties to part ways would only affect the parties themselves and not any innocent child.”
When Will the Supreme Court Grant Instant Divorce Under Article 142?
| Condition Satisfied | Supreme Court’s Approach (2024–2025) |
|---|---|
| Long separation (usually 7–15+ years) | Strongly favours dissolution |
| No cohabitation, no intimacy, no contact | Marriage treated as “dead” |
| Failed mediation/counselling attempts | Proves reconciliation impossible |
| No child born out of the wedlock | Biggest favourable factor — fastest disposal |
| One spouse still opposing divorce | Opposition ignored if marriage is irretrievably broken |
| Cases pending in different cities/states | Ideal in Transfer Petitions |
Permanent Alimony – How Much Will You Get/Pay?
The Supreme Court has again clarified: There is NO fixed formula (no 25% or 33% rule). The amount is decided on a realistic and balanced assessment of:
Illustrative factors (not exhaustive):
Wife’s own income & earning capacity
Her reasonable monthly needs & lifestyle during marriage
Residential accommodation (owned/rented) she is living in
Her medical & educational expenses
Husband’s income, liabilities, and family responsibilities
Duration of marriage & age of parties
Stridhan & assets returned or still with husband
The Court has expressly held: “Quantum of permanent alimony in the present case would NOT depend on what the husband paid to his ex-wife or solely on his income.” It is a holistic, case-to-case decision.
FAQ – Article 142 Divorce + Permanent Alimony (Updated 2025)
Can I get divorce directly from Supreme Court without going to Family Court?
Yes — by filing (or converting) a Transfer Petition + I.A. under Article 142.
My spouse is strongly opposing divorce. Does it matter?
No. If the marriage is dead and no child is involved, opposition is usually overruled.
We have no child. How fast can the marriage be dissolved?
3–9 months from filing → many cases decided in 2–4 hearings.
Do I have to prove cruelty or desertion?
No. Supreme Court deliberately avoids fault-finding.
Will the Supreme Court fix permanent alimony in the same order?
Yes — almost always. Full & final settlement is passed in the divorce order itself.
Is there a fixed percentage of husband’s income as alimony?
No. Supreme Court has repeatedly rejected any fixed formula.
What if the wife is highly qualified and earning well?
Alimony can still be granted for reasonable needs, lifestyle, and residence.
What if the husband has remarried or has children from second wife?
Still liable — but his responsibilities are factored in while fixing quantum.
Can the wife claim residence right under DV Act along with Article 142 divorce?
Yes — Supreme Court often protects her residence right till alimony is paid.
Can this route be used for non-Hindu marriages also?
Yes — Special Marriage Act, Christian, Parsi, and even Muslim marriages (after following personal law formalities).
Is cooling-off period required like in mutual consent divorce?
No — Supreme Court waives it under Article 142.
How to file such a petition?
File Transfer Petition (Civil) + Interlocutory Application praying for dissolution under Article 142 + detailed affidavit + financial documents.
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