Irretrievable breakdown of marriage: Supreme Court grants a decree of divorce using its discretionary power under Article 142(1)

While hearing the Jatinder Kumar Sapra vs. Anupama Sapra case on May 06, 2024, the Supreme Court (SC) of India used its discretionary power under Article 142(1) of the Constitution of India and granted a decree of divorce on the ground of irretrievable breakdown of marriage. Moreover, the bench of Justices Vikram Nath and Satish Chandra Sharma awarded Rs. 50 Lakh to the wife as permanent alimony. The top court was dealing with the appeal against the Punjab and Haryana High Court order which dismissed the appeal and upheld the Family Court’s order. In this case, Jatinder Kumar Sapra (Appellant-husband) and Anupama Sapra (Respondent-wife) were married as per Hindu rites and rituals and had two children. Despite being together for approximately 14 years, bitterness crept into the relationship between the parties. It was alleged that the wife ill-treated the husband; and constantly acted against the husband (appellant) at the behest of her parents. On the other hand, the Respondent-Wife alleged cruelty and torture at the hands of the Appellant-Husband. 

The matter was mentioned before the High Court that dismissed the appeal; and accordingly upheld the correctness of an order passed by the Ld. Additional District Judge (Ad. Hoc), whereunder the Family Court dismissed a petition instituted by the Appellant (husband) under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage by way of a decree of divorce. During the proceedings on May 06, the SC bench observed that the parties separated 22 years ago and the children are now majors and gainfully employed. Thus, satisfied that the facts on record establish that the marriage between the parties had broken down and that ‘there is no possibility that the parties would cohabit together in the future’. Further, the top court said, “Accordingly, the formal union between the parties is neither justified nor desirable.” After hearing the matter, the SC observed, “It is appropriate to exercise discretion under Article 142(1) of the Constitution of India and pass a decree of divorce on the ground of irretrievable breakdown of marriage.” 

Considering the fact that the appellant-husband was previously employed by various multinational corporations in the managerial post(s), and presently endowed with a respectable estate, the SC bench directed him to pay Rs. 50 Lakh to the wife. The order reads, “...deem it fit and proper that the husband pays an amount of Rs. 50,00,000/- (Rupees Fifty Lakh Only) to the Respondent-Wife as permanent alimony.”