65 days together, 40 cases filed: SC grants couple divorce
New Delhi, Jan. 21 -- The Supreme Court on Tuesday dissolved a marriage that lasted just 65 days, granting divorce to a couple that has lived apart for over 13 years and has been locked in more than 40 legal cases against each other, holding that the relationship had irretrievably broken down and that the parties "may not have been made for each other".
A bench of justices Rajesh Bindal and Manmohan invoked its extraordinary powers under Article 142 of the Constitution to bring a quietus to the long-running matrimonial dispute, observing that the level of bitterness between the parties had reached a point where reconciliation was no longer possible. "We find this to be a clear case of irretrievable breakdown of marriage where the parties do not intend to live together and cohabitate. Rather they may not be able to reconcile seeing the level of bitterness generated with the passage of time," the bench said.
The court noted that the couple married on January 28, 2012, but the wife left the matrimonial home within 65 days, alleging cruelty by the husband and his family members. Since then, the parties have lived separately for more than a decade, engaging in relentless litigation across multiple courts in Delhi, Allahabad, Ghaziabad and Lucknow.
The wife approached the Supreme Court seeking dissolution of marriage under Article 142 without claiming any alimony, and prayed for the quashing of the multiple criminal and civil proceedings pending between the parties. The court verified the status of these cases directly from the concerned courts before passing its order. The husband, who appeared in person, opposed the plea for divorce, contending that the wife had "spoiled his life" and had misrepresented facts before courts. He submitted that he did not consent to the grant of divorce and had filed applications alleging perjury against the wife.
Rejecting his objections, the bench held that consent was not determinative in a case where the marriage had clearly collapsed beyond repair....
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