R. Srinivas Kumar Versus R. Shametha
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 4696 of 2013, Judgment Date: Oct 04, 2019
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If both the parties to the marriage agree for separation permanently and/or consent for divorce, in that case, certainly both the parties can move the competent court for a decree of divorce by mutual consent. Only in a case where one of the parties do not agree and give consent, only the the powers under Article 142 of the Constitution of India are required to be invoked to do the substantial Justice between the parties, considering the facts and circumstances of the case. However, at the same time, the interest of the wife is also required to be protected financially so that she may not have to suffer financially in future and she may not have to depend upon others.
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This Court, in a series of judgments, has exercised its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where the Court finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce could be granted. In the present case, admittedly, the appellant-husband and the respondent-wife have been living separately for more than 22 years and it will not be possible for the parties to live together. Therefore, we are of the opinion that while protecting the interest of the respondent wife to compensate her by way of lump sum permanent alimony, this is a fit case to exercise the powers under Article 142 of the Constitution of India and to dissolve the marriage between the parties.
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In view of the above and for the reasons stated above, the application for divorce filed by the appellant husband for dissolution of marriage is hereby allowed.
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The marriage between the appellant husband and the respondent wife is ordered to be dissolved in exercise of powers under Article 142 of the Constitution of India on the condition and as agreed by the learned Senior Advocate appearing on behalf of the appellant- husband that the appellant husband shall pay to the respondent-wife a lump sum permanent alimony, quantified at Rs.20,00,000/ (Rupees Twenty Lakhs) to be paid directly to the respondent wife by way of demand draft within a period of eight weeks from today. Till the permanent alimony as above is paid to the respondent-wife, the appellant-husband to continue to pay the maintenance as being paid to her.
R. Srinivas Kumar Versus R. Shametha