Nayan Bhowmick v. Aparna Chakraborty; 2025 INSC 1436 - Matrimonial - Irretrievable Breakdown Of Marriage

Matrimonial - Spouses have strongly held views with regard to the approach towards matrimonial life and they have refused to accommodate each other for a long period of time - Supreme Court held: Consequently, their conduct amounts to cruelty to each other. This Court is of the view that in matrimonial matters involving two individuals, it is not for the society or for the Court to sit in judgment over which spouses’ approach is correct or not. It is their strongly held views and their refusal to accommodate each other that amounts to cruelty to one another.

Matrimonial Matters - Divorce Cases - The approach of the Courts should be to preserve the sanctity of marriage and the Court should be reluctant to dissolve the marriage at the mere asking of one of the parties. But,when the parties have lived separately for far too long a period of time and there is no sanctity left in the marriage- The pendency of matrimonial litigation for a long duration only leads to perpetuity of marriage on paper. It is in the best interest of parties and the society if ties are severed between parties in cases where litigation has been pending for a considerably long period of time. (Para 33-34)

Constitution of India - Article 142 - Matrimonial Matters- The power to do ‘complete justice’ is not fettered by the doctrine of fault and blame, applicable to petitions for divorce under Section 13(1)(i-a) of the Hindu Marriage Act - on-availability of grounds for dissolution of Hindu marriage is not a bar for this Court to exercise its powers under Article 142 of the Constitution especially when the Court is satisfied that it is a case of irretrievable breakdown of marriage. (Para 28-32)