PRADEEP BHARDWAJ versus PRIYA

PRADEEP BHARDWAJ versus PRIYA

Given the parties had lived separately for about sixteen years with complete detachment and prolonged estrangement, failed mediation, and the appellant's acquittal in the criminal cruelty case, the Court held there was an irretrievable breakdown of the marital bond and, pursuant to its power under Article 142, granted a decree of divorce and enhanced composite monthly maintenance to Rs.15,000 for the respondent and the minor child.

Parties
Appellant: Pradeep Bhardwaj; Respondent: Priya
Jurisdiction
India
Judgment Date
15 July 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court, Final Judgment on Appeal
Outcome
Appeal allowed; impugned High Court order set aside; decree of divorce granted under Article 142 of the Constitution
Legal Topics
Dissolution of Marriage, Cruelty, Irretrievable Breakdown of Marriage, Long Period of Separation, Feelings of Animosity, Maintenance
Family Law Constitutional Law Dissolution of Marriage Cruelty Irretrievable Breakdown of Marriage Long Period of Separation Feelings of Animosity Maintenance

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Parties

Pradeep Bhardwaj

Appellant

Priya

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court, Final Judgment on Appeal

Legal Issues

  1. 1 Whether the Court can exercise its power under Article 142 to grant divorce on the ground of irretrievable breakdown of marriage
  2. 2 Whether prolonged separation and animosity between the parties amount to an irretrievable breakdown justifying dissolution
  3. 3 Whether continuance of marriage is justified in light of acquittal in criminal proceedings and failed reconciliation efforts

Ratio Decidendi

Given the parties had lived separately for about sixteen years with complete detachment and prolonged estrangement, failed mediation, and the appellant's acquittal in the criminal cruelty case, the Court held there was an irretrievable breakdown of the marital bond and, pursuant to its power under Article 142, granted a decree of divorce and enhanced composite monthly maintenance to Rs.15,000 for the respondent and the minor child.

Court Disposition

Appeal allowed; impugned High Court order set aside; decree of divorce granted under Article 142 of the Constitution

Orders

  • Impugned order dated 26.02.2019 set aside
  • Marriage between the parties dissolved and a decree of divorce granted by this Court under Article 142