PRADEEP BHARDWAJ VERSUS PRIYA (SUPREME COURT) 2025 INSC 852
| COURT: | Supreme Court |
| JUDGES: | Sandeep Mehta J, VIKRAM NATH J |
| LEGISLATION(S): | Hindu Marriage Act, Section 13(1)(a) of the Hindu Marriage Act 1955 |
| COUNSEL: | N. A |
| FILE: | Click here to download the file in pdf format |
| Irretrievable breakdown of marriage: The continuance of marriage shall only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law. It cannot be expected by the husband to now continue in a marital bond with the wife, a partner who had filed and fought a false case against her husband and in-laws | |
(i) It has been consistently held by the Supreme Court that the institution of marriage is rooted in dignity, mutual respect and shared companionship, and when these foundational aspects are irreparably lost, forcing a couple to remain legally bound serves no beneficial purpose. It has been emphasized by this Court in Amutha v. A.R. Subramaniam (2023) SCC OnLine SC 611 that the welfare and dignity of both the spouses must be prioritized, and that compelling a dead marriage to continue only perpetuates mental agony and societal burden.
(ii) In the present case, it is apparent that due to complete detachment and the prolonged estrangement, there has been an irretrievable breakdown of the marital bond, which cannot be mended by any means. Moreover, both the parties have spent the prime years of their youth entangled in this marital discord, which has persisted for more than the last fifteen years.
(iii) It is as clear as a day that in the case at hand, the continuance of marriage shall only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law. This would ring true even more in the light of appellant’s and his family members’ acquittal in the cruelty case preferred by the respondent. It cannot be expected by the appellant to now continue in a marital bond with the respondent, a partner who had filed and fought a false case against her husband and in-laws.
(iv) Therefore, we are of the belief that it is in the best interest of both the parties and their minor child that they be allowed to lead their lives independently and peacefully, free from the shadow of prolonged and futile legal battles. This Court finds it a fit case to exercise its power under Article 142 of the Constitution and grant the relief of divorce to the parties on the ground of irretrievable breakdown of marriage.