SANGHAMITRA GHOSH versus KAJAL KUMAR GHOSH

SANGHAMITRA GHOSH versus KAJAL KUMAR GHOSH

The Supreme Court held that, owing to the irretrievable breakdown of marriage, disappearance of emotional substratum, and public interest, it is appropriate to declare defunct de jure a marriage already defunct de facto, exercising its powers under Article 142 to grant divorce by mutual consent and dispose of all pending litigation between the parties.

Parties
Petitioner: Sanghamitra Ghosh; Respondent: Kajal Kumar Ghosh
Jurisdiction
India
Judgment Date
20 November 2006
Procedural Posture
Transfer Petition (civil and Criminal) and Matrimonial Suit / Disposal With Final Orders
Outcome
Divorce granted by mutual consent; all pending cases between parties disposed of.
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Restitution of Conjugal Rights, Custody of Child, Jurisdiction Under Article 142
Family Law Constitutional Law Divorce Irretrievable Breakdown of Marriage Restitution of Conjugal Rights Custody of Child Jurisdiction Under Article 142

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Parties

Sanghamitra Ghosh

Petitioner

Kajal Kumar Ghosh

Respondent

Procedural Posture

Transfer Petition (civil and Criminal) and Matrimonial Suit / Disposal With Final Orders

Legal Issues

  1. 1 Whether the Supreme Court can dissolve the marriage by mutual consent under Article 142 of the Constitution despite the procedural requirements of the Hindu Marriage Act, 1955
  2. 2 Whether the marriage between the parties is irretrievably broken down warranting divorce
  3. 3 Disposition of all pending cases arising out of matrimonial proceedings

Ratio Decidendi

The Supreme Court held that, owing to the irretrievable breakdown of marriage, disappearance of emotional substratum, and public interest, it is appropriate to declare defunct de jure a marriage already defunct de facto, exercising its powers under Article 142 to grant divorce by mutual consent and dispose of all pending litigation between the parties.

Court Disposition

Divorce granted by mutual consent; all pending cases between parties disposed of.

Orders

  • The parties are directed to strictly adhere to the Terms of Compromise filed before this Court and also the orders and directions passed by this Court.
  • All cases pending between the parties, as enumerated, are disposed of in view of settlement.