SC grants divorce to couple on ground of irretrievable breakdown of marriage

New Delhi: The Supreme Court on Tuesday granted divorce to an estranged couple on the ground of irretrievable breakdown of marriage.

A bench of Justices Vikram Nath and Sandeep Mehta observed the decision to be in the "best interest" of the parties and their minor child for leading independent and peaceful lives that were "free from the shadow of prolonged and futile legal battles".

The top court said the institution of marriage was rooted in "dignity, mutual respect and shared companionship" and when these foundational aspects got irreparably lost, forcing a couple to remain legally bound served no beneficial purpose.

"The marriage between the parties stands dissolved and a decree of divorce is granted in their favour by this court in exercise of its power under Article 142 of the Constitution of India," the verdict held.

The man was directed to pay a composite monthly maintenance of Rs 15,000 to the woman and the child.

"It is as clear as a day that in the case at hand, the continuance of marriage shall only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law," the bench said.

It came on record, the man and his family members were acquitted in a cruelty case filed by the woman.

The man, the court said, was not expected to now continue in a marital bond with the woman who filed and fought a "false case" against her husband and in-laws.

The verdict came on the man's appeal against a high court order refusing to grant divorce.

The man filed for divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955, before a family court on the ground of cruelty.

After the family court dismissed the man's divorce petition, he moved the high court. It was alleged that the woman used to assault and torture the man's ailing mother with an intention to grab her property. The woman refuted the allegations.

The top court observed the parties had spent the prime years of their youth "entangled in a marital discord", which lasted over 15 years.