‘Crash-landing at take-off’: Supreme Court annuls 19-yr-old marriage

New Delhi, September 13

Describing it as “crash-landing at the take-off stage”, the Supreme Court Monday dissolved a 19-year-old marriage which was never consummated as the couple never lived together even for a day.

“It appears there was crash-landing at the take-off stage itself,” said a Bench led by Justice SK Kaul, which exercised its plenary powers under Article 142 of the Constitution to dissolve it on account of irretrievable breakdown of marriage — which is not recognised as a ground for divorce under the Hindu Marriage Act (HMA).

The Bench said it has little doubt that this is a marriage which has not worked and cannot work. It took note of the fact that endeavours to resolve the matrimonial dispute through mediation could not fructify.

The Bench said the marriage deserved to be dissolved on the ground of cruelty as well under the Hindu Marriage Act in view of the woman’s conduct during the judicial proceedings.

Repeated filing of cases and complaints against a spouse can amount to “cruelty” — a ground for divorce under the HMA, the top court ruled. — TNS

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