AIROnline 2025 SC 570

Supreme Court Of India

(From : AIROnline 2019 DEL 2431)

Hon'ble Judge(s): Vikram Nath, Sandeep Mehta , JJ

Hindu Marriage Act (25 of 1955) , S.13(1)— Constitution of India , Art.142— Divorce - Irretrievable breakdown of marriage - Husband had sought divorce on ground that wife used to assault and torture his ailing mother with intention to grab her property and also alleged that wife had extra-marital relationship and conducted assault upon him with help of her brother - Husband and his family members were acquitted in case of cruelty preferred by wife - Parties had been living separately since sixteen years - Due to complete detachment and prolonged estrangement, there had been irretrievable breakdown of marital bond - It could not be expected of husband to now continue in marital bond with wife, who had fought false case against him and his family - It was in best interest of both parties and their minor child that they be allowed to lead their lives independently and peacefully - Divorce was granted by exercising powers u/art 142 of Constitution of India AIROnline 2019 DEL 2431-Reversed (Para 21 23 24 25) (B) Criminal P.C. (2 of 1974) , S.125— Maintenance - Claim by wife and child - Husband was working as clerk in private firm - Wife was homemaker who was independently taki....