Supreme Court Clarifies Divorce on Grounds of Irretrievable Breakdown of Marriage
Educational Article by Legal Light Consulting – LLC Lawyer
Case Overview
Case Title: Rinku Baheti v. Sandesh Sharda Court: Supreme Court of India Bench: Justice B.V. Nagarathna and Justice Pankaj Mithal Transfer Petition (C) No. 278 of 2023 Date of Decision: December 19, 2024
Key Legal Issue
The Supreme Court examined whether a decree of divorce can be granted on the ground of irretrievable breakdown of marriage under Article 142(1) of the Constitution, even when one spouse opposes such a prayer.
Court’s Clarification
- Discretionary Power: Article 142(1) empowers the Supreme Court to do “complete justice” between parties. This power is discretionary and cannot be claimed as a matter of right.
- Scope of Article 142(1): The Court reiterated that this provision has wide amplitude, allowing relief beyond statutory limitations when justice demands.
- Irretrievable Breakdown: The Court emphasized that determining irretrievable breakdown requires factual analysis and judicial discretion, guided by factors laid down in Shilpa Sailesh v. Varun Sreenivasan (2023) 14 SCC 231 and other precedents.
- Deadlock in Marriage: Divorce may be granted only when the Court is convinced that the marriage has “completely failed,” with no possibility of reconciliation, and continuation of the legal tie is unjustified.
Application in This Case
- The Court found no chance of reconciliation between the parties.
- The marriage had completely failed, and no child was born from the wedlock.
- Considering these circumstances, the Court exercised its discretion under Article 142(1) to grant divorce on the ground of irretrievable breakdown of marriage.
Educational Insights for your information
- Civil & Matrimonial Transfers: Transfer petitions often arise in matrimonial disputes, including divorce and maintenance cases.
- Supreme Court’s Role: The apex court can intervene to ensure fairness, convenience, and justice in sensitive family matters.
- LLC Lawyer Expertise: Legal Light Consulting specializes in drafting transfer petitions, exemption applications, and representing clients in complex Supreme Court cases.
⚖️ Disclaimer: This article is for educational purposes only and does not constitute legal advice. For professional assistance in Supreme Court matters, consult Legal Light Consulting (LLC Lawyer).
AQ – Divorce on Grounds of Irretrievable Breakdown of Marriage
Supreme Court of India | Educational Content by Legal Light Consulting (LLC Lawyer)
1. What was the case about?
The Supreme Court considered whether divorce could be granted on the ground of irretrievable breakdown of marriage under Article 142(1) of the Constitution, even when one spouse opposed the request.
2. What is Article 142(1) of the Constitution?
Article 142(1) empowers the Supreme Court to pass orders to do complete justice between parties. This power is discretionary and cannot be claimed as a matter of right.
3. Can divorce be granted if one spouse opposes it?
Yes. The Court clarified that divorce may be granted if the marriage has completely failed, reconciliation is impossible, and continuing the legal tie is unjustified.
4. What factors determine irretrievable breakdown of marriage?
The Court examines:
- Whether the marriage has lost substance and content
- Possibility of reconciliation
- Hardship or deadlock between parties
- Guidance from precedents like Shilpa Sailesh v. Varun Sreenivasan (2023) 14 SCC 231
5. What did the Supreme Court decide in this case?
The Court found:
- No chance of reconciliation
- Marriage had completely failed
- No child was born from the wedlock It therefore exercised discretion under Article 142(1) to grant divorce.
6. Why is this judgment important?
It reinforces that the Supreme Court can grant divorce on irretrievable breakdown grounds, even against opposition, provided justice demands it.
7. How does this relate to transfer petitions?
Matrimonial disputes often involve transfer petitions when cases are filed in different states. LLC Lawyer assists clients in drafting and filing such petitions, ensuring convenience and fairness.
8. What role does Legal Light Consulting (LLC Lawyer) play?
LLC Lawyer provides:
- Expert drafting of transfer petitions and exemption applications
- Representation in Supreme Court matrimonial disputes
- Guidance on Article 142(1) discretionary powers
9. Does this mean every failed marriage qualifies for divorce under Article 142(1)?
No. The Court decides case‑by‑case, using judicial discretion and factual analysis. Only when reconciliation is impossible and continuation of marriage is unjustified will divorce be granted.
10. Is this FAQ legal advice?
No. This content is for educational purposes only. For professional assistance, consult Legal Light Consulting (LLC Lawyer).
