Case : Sivasankaran v. Santhimeenal (2021 SC),
Facts: The Husband (Appellant) claimed that the wife (Respondent) was coerced into marriage without consent and that the marriage had never consummated. Alleging cruelty, he sought divorce, while the wife filed a petition for restitution of conjugal rights, asserting that the husband and his family had demanded dowry, and upon failure the husband was taken away by his brothers, preventing consummation.
After about five years, a decree of divorce was granted on the ground of irretrievable breakdown of marriage, following which the husband remarried within six days. The wife appealed, and the divorce decree was set aside, with her petition for restitution of conjugal rights should be allowed.
Decision: The marriage between the parties was never consummated, and they have lived separately since its inception, spanning nearly two decades. The Appellant remarried after the following decree of divorce granted by the Trial Court. All reconciliation and mediation efforts failed, as the Respondent’s persistent allegations and continued litigation were held to constitute cruelty, reflecting a complete absence of marital unity.
Given the marriage’s failure from inception and the Respondent’s subsequent conduct, the Court found that both irretrievable breakdown of marriage and cruelty under Section 13(1) (i-a) of the Hindu Marriage Act were established. Accordingly, exercising powers under Article 142 of the Constitution, the Court granted a decree of divorce, thereby dissolving the marriage.
Link of the judgement: https://indiankanoon.org/doc/48424234/
Legal Takeaway
The case of Sivasankaran v. Santhimeenal (2021) underscores how courts evaluate marriages that have failed from the very beginning, especially when issues like non-consummation, long-term separation, persistent allegations, and prolonged litigation are involved. The Supreme Court reaffirmed that such circumstances may amount to cruelty and can justify dissolving the marriage on the ground of irretrievable breakdown—particularly when reconciliation attempts repeatedly fail.
For individuals facing similar disputes, understanding how these legal principles operate is crucial. Evaluating one’s position early and seeking proper legal guidance can prevent extended emotional and financial strain. Consulting an experienced divorce lawyer in Delhi can help individuals understand whether their situation qualifies under grounds like cruelty or irretrievable breakdown. Likewise, a skilled matrimonial lawyer in Delhi can assist in navigating the complexities of contested divorce proceedings, mediation, and strategic decision-making based on case law.
