RAMANUJ KUMAR versus PRIYANKA

RAMANUJ KUMAR versus PRIYANKA

The marriage had completely and irrevocably broken down: the parties had lived separate lives for over a decade, mediation attempts failed, and neither party showed willingness to restore the marital bond; in these circumstances the Supreme Court exercised its jurisdiction under Article 142 to dissolve the marriage on the ground of irretrievable breakdown and, considering the welfare of the child, granted limited visitation rights to the respondent.

Parties
Appellant: Ramanuj Kumar; Respondent: Priyanka
Jurisdiction
India
Judgment Date
22 April 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court (civil Appeal No. 14276 of 2024)
Outcome
Appeal allowed; marriage dissolved under Article 142 of the Constitution of India on the ground of irretrievable breakdown of marriage
Legal Topics
Irretrievable Breakdown of Marriage, Exercise of Jurisdiction Under Article 142 of the Constitution of India, Visitation Rights, Custody and Welfare of the Child
Constitutional Law Family Law Criminal Law Irretrievable Breakdown of Marriage Exercise of Jurisdiction Under Article 142 of the Constitution of India Visitation Rights Custody and Welfare of the Child

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Parties

Ramanuj Kumar

Appellant

Priyanka

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court (civil Appeal No. 14276 of 2024)

Legal Issues

  1. 1 Whether on facts the marriage has irretrievably broken down and ought to be dissolved under Article 142 of the Constitution of India
  2. 2 Whether the respondent-mother is entitled to visitation rights with the daughter

Ratio Decidendi

The marriage had completely and irrevocably broken down: the parties had lived separate lives for over a decade, mediation attempts failed, and neither party showed willingness to restore the marital bond; in these circumstances the Supreme Court exercised its jurisdiction under Article 142 to dissolve the marriage on the ground of irretrievable breakdown and, considering the welfare of the child, granted limited visitation rights to the respondent.

Court Disposition

Appeal allowed; marriage dissolved under Article 142 of the Constitution of India on the ground of irretrievable breakdown of marriage

Orders

  • Marriage between the appellant and the respondent is dissolved under Article 142 of the Constitution of India on the ground of irretrievable breakdown of marriage
  • Respondent granted visitation rights with her daughter on two days each month, parties to mutually fix convenient dates each month