Case: Rinku Baheti v Sandesh Sharda (2024 SC)
Facts: The petitioner-wife and respondent-husband were married in July 2021 as per Hindu rites. It was the second marriage for both parties. The respondent had earlier obtained a divorce decree in November 2020 from his first wife, with whom he had been married for nearly two decades and had two children. Marital discord due to the respondent’s continued association with his children, ex-wife, and ailing father. The respondent proposed mutual separation, which the petitioner declined.
Decision: The Hon’ble Supreme Court, exercising its powers under Article 142(1) of the Constitution, granted a decree of divorce on the ground of irretrievable breakdown of marriage. The Court found that the parties were involved in multiple litigations; including serious criminal allegations by the wife against the husband and his family, and that there was no possibility of reconciliation. Holding that continuation of the marriage would cause undue hardship, the Court invoked its extraordinary jurisdiction to dissolve the marriage and directed the respondent-husband to pay a lump sum permanent alimony to the petitioner-wife, considering the duration of the marriage, the financial capacities of both parties, and the reasonable needs of the wife.
Link: https://api.sci.gov.in/supremecourt/2023/3848/3848_2023_8_1501_58087_Judgement_19-Dec-2024.pdf
