R. SRINIVAS KUMAR versus R. SHAMETHA

R. SRINIVAS KUMAR versus R. SHAMETHA

The Supreme Court dissolved the marriage on the ground of irretrievable breakdown under Article 142 of the Constitution, holding that where parties have lived separately for over 22 years and reconciliation is impossible, and the wife is compensated with a lump sum alimony, such dissolution is justified even absent statutory grounds under the Hindu Marriage Act, 1955.

Parties
Appellant Husband: R. Srinivas Kumar; Respondent Wife: R. Shametha
Jurisdiction
India
Judgment Date
04 October 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court of Andhra Pradesh (c.m.a. No. 4142 of 2003, Judgment Dated 06.02.2012)
Outcome
Appeal allowed; marriage dissolved.
Legal Topics
Divorce, Permanent Alimony, Irretrievable Breakdown of Marriage, Jurisdiction Under Article 142
Family Law Constitutional Law Divorce Permanent Alimony Irretrievable Breakdown of Marriage Jurisdiction Under Article 142

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Parties

R. Srinivas Kumar

Appellant Husband

R. Shametha

Respondent Wife

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court of Andhra Pradesh (c.m.a. No. 4142 of 2003, Judgment Dated 06.02.2012)

Legal Issues

  1. 1 Whether the Supreme Court can dissolve a marriage on the ground of irretrievable breakdown even if it is not a statutory ground under the Hindu Marriage Act, 1955, by exercising its powers under Article 142 of the Constitution.
  2. 2 Whether alimony is required to be awarded for the wife’s financial protection in such cases.

Ratio Decidendi

The Supreme Court dissolved the marriage on the ground of irretrievable breakdown under Article 142 of the Constitution, holding that where parties have lived separately for over 22 years and reconciliation is impossible, and the wife is compensated with a lump sum alimony, such dissolution is justified even absent statutory grounds under the Hindu Marriage Act, 1955.

Court Disposition

Appeal allowed; marriage dissolved.

Orders

  • Marriage between appellant and respondent dissolved under Article 142 of the Constitution.
  • Appellant-husband to pay respondent-wife Rs.20,00,000 (Rupees Twenty Lakhs) as permanent alimony within eight weeks by demand draft.