RINKU BAHETI versus SANDESH SHARDA

RINKU BAHETI versus SANDESH SHARDA

The Supreme Court, applying the principles in Shilpa Sailesh and considering the factual matrix (brief and intermittent cohabitation, repeated divorce proceedings by the husband, multiple criminal complaints including a LOC and arrest, failed mediations, absence of children and no prospect of reconciliation), exercised its discretionary power under Article 142(1) to dissolve the marriage on the ground of irretrievable breakdown; alimony was fixed by reference to the Family Court Pune report and relevant factors rather than by equalisation with the respondent's ex-wife, and certain criminal proceedings were quashed as part of complete justice.

Parties
Petitioner (wife): Rinku Baheti; Respondent (husband): Sandesh Sharda
Jurisdiction
India
Judgment Date
18 December 2024
Procedural Posture
Transfer Petition (civil) No. 278 of 2023 Under Section 25 of the Code of Civil Procedure, 1908 / Judgment
Outcome
Application under Article 142(1) allowed; marriage between the petitioner and respondent dissolved on the ground of irretrievable breakdown of marriage; Transfer Petition disposed of.
Legal Topics
Irretrievable Breakdown of Marriage, Transfer of Divorce Petition, Permanent Alimony, Exercise of Article 142(1), Abuse of Criminal Process in Matrimonial Disputes, Quashing of Firs
Constitutional Law Family Law Hindu Marriage Act, 1955 Civil Procedure Criminal Law Maintenance and Alimony Irretrievable Breakdown of Marriage Transfer of Divorce Petition +4 more

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Parties

Rinku Baheti

Petitioner (wife)

Sandesh Sharda

Respondent (husband)

Procedural Posture

Transfer Petition (civil) No. 278 of 2023 Under Section 25 of the Code of Civil Procedure, 1908 / Judgment

Legal Issues

  1. 1 Whether the petitioner-wife is entitled to transfer of the divorce petition
  2. 2 Whether the Supreme Court can, under Article 142(1) of the Constitution, grant a decree of divorce on the ground of irretrievable breakdown of marriage despite opposition
  3. 3 What is the appropriate quantum and basis for permanent alimony

Ratio Decidendi

The Supreme Court, applying the principles in Shilpa Sailesh and considering the factual matrix (brief and intermittent cohabitation, repeated divorce proceedings by the husband, multiple criminal complaints including a LOC and arrest, failed mediations, absence of children and no prospect of reconciliation), exercised its discretionary power under Article 142(1) to dissolve the marriage on the ground of irretrievable breakdown; alimony was fixed by reference to the Family Court Pune report and relevant factors rather than by equalisation with the respondent's ex-wife, and certain criminal proceedings were quashed as part of complete justice.

Court Disposition

Application under Article 142(1) allowed; marriage between the petitioner and respondent dissolved on the ground of irretrievable breakdown of marriage; Transfer Petition disposed of.

Orders

  • The application filed by the respondent-husband under Article 142(1) of the Constitution of India is allowed and the marriage between the petitioner and the respondent is dissolved on the ground of irretrievable breakdown of marriage.
  • The criminal cases and consequential proceedings arising out of FIR No.588 of 2022 dated 15.12.2022 (Police Station Yerwada, District Pune) for offences under Sections 354, 376, 377, 420, 498A, 503, 506, 509 IPC and Sections 66 and 67 of the IT Act, 2000 filed by the petitioner are quashed.