MUNISH KAKKAR versus NIDHI KAKKAR

MUNISH KAKKAR versus NIDHI KAKKAR

Where marriage between parties has irretrievably broken down, causing trauma and is emotionally dead after prolonged separation and failed reconciliation, Supreme Court can decree divorce under Article 142 of the Constitution to do complete justice, despite lack of statutory ground.

Parties
Appellant: Munish Kakkar; Respondent: Nidhi Kakkar
Jurisdiction
India
Judgment Date
17 December 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed; decree of divorce granted; marriage dissolved.
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Maintenance
Family Law Divorce Irretrievable Breakdown of Marriage Cruelty Maintenance

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Parties

Munish Kakkar

Appellant

Nidhi Kakkar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether decree of divorce should be granted on grounds of cruelty and irretrievable breakdown of marriage under Section 13(1)(ia) of Hindu Marriage Act, 1955
  2. 2 Whether Supreme Court can dissolve marriage using Article 142 of Constitution of India

Ratio Decidendi

Where marriage between parties has irretrievably broken down, causing trauma and is emotionally dead after prolonged separation and failed reconciliation, Supreme Court can decree divorce under Article 142 of the Constitution to do complete justice, despite lack of statutory ground.

Court Disposition

Appeal allowed; decree of divorce granted; marriage dissolved.

Orders

  • Decree of divorce granted under Article 142 of Constitution; marriage dissolved forthwith.
  • Appellant to continue paying maintenance of Rs.7,500 per month to respondent; parties may seek enhancement, reduction, or cessation through appropriate proceedings.