SATISH SITOLE versus SMT. GANGA

SATISH SITOLE versus SMT. GANGA

The Supreme Court held that as the marriage between the appellant and respondent is irretrievably broken, the continued existence of such marriage amounts to cruelty, warranting dissolution using the Court's powers under Article 142 of the Constitution, subject to payment of permanent alimony and costs.

Parties
Appellant: Satish Sitole; Respondent: Smt. Ganga
Jurisdiction
India
Judgment Date
10 July 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal disposed; marriage dissolved by Supreme Court under Article 142, subject to monetary conditions.
Legal Topics
Irretrievable Breakdown of Marriage, Divorce, Permanent Alimony, Cruelty, Judicial Separation, Exercise of Supreme Court Powers
Family Law Constitutional Law Irretrievable Breakdown of Marriage Divorce Permanent Alimony Cruelty Judicial Separation Exercise of Supreme Court Powers

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Parties

Satish Sitole

Appellant

Smt. Ganga

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the irretrievable breakdown of marriage and prolonged separation constitutes cruelty and sufficient ground for dissolution of marriage under Article 142 of the Constitution of India

Ratio Decidendi

The Supreme Court held that as the marriage between the appellant and respondent is irretrievably broken, the continued existence of such marriage amounts to cruelty, warranting dissolution using the Court's powers under Article 142 of the Constitution, subject to payment of permanent alimony and costs.

Court Disposition

Appeal disposed; marriage dissolved by Supreme Court under Article 142, subject to monetary conditions.

Orders

  • Marriage between appellant and respondent stands dissolved.
  • Appellant to pay respondent Rs.2,00,000 by way of permanent alimony.