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Sarvesh Kumar Sharma v. Smt. Sarvesh Kumari Sharma 2025 INSC 1369 - Irretrievable Breakdown Of Marriage - Non-Contest By Wife

CaseCiter

• 2 min read

Constitution of India - Article 142 - Supreme Court granted decree of divorce on the ground of irretrievable breakdown of marriage to husband and noted: when the wife after having resisted the challenge before the Trial Court, has thereafter, not chosen to contest is a sufficient proof that she is not interested in pursuing the issue of divorce which leads to the next presumption that she is no more interested for restoration of relationship also. (Para 8)

Case Info


Key Details

  • Case Name: Shri Sarvesh Kumar Sharma v. Smt. Sarvesh Kumari Sharma
  • Neutral Citation: Not provided in the order. The document header shows “CIVIL APPEAL NO. OF 2025 (Arising out of SLP(C) No.10130 of 2025)”; neutral citation (e.g., SCC OnLine or SC citation number) is absent in this text.
  • Coram:
    • HON’BLE MR. JUSTICE Ahsanuddin Amanullah
    • HON’BLE MR. JUSTICE K. Vinod Chandran
  • Judgment Date: 09th September, 2025

Procedural Posture

  • Appeal from High Court of Judicature at Allahabad’s order dated 03.09.2024 in First Appeal No. 715 of 2004.
  • SLP(C) No. 10130 of 2025 converted; leave granted; appeal allowed.

Holding and Relief

  • Divorce granted under Article 142 of the Constitution of India on the ground of irretrievable breakdown of marriage, noting parties have not lived together since 1995 and respondent-wife’s non-appearance.
  • Registry directed to draw decree.
  • Liberty to respondent-wife to seek permanent alimony or other financial support within six months; facilitated through District Legal Services Authority and Supreme Court Legal Services Committee.

Statutes/Laws Referred

  • Article 142 of the Constitution of India (power to pass decree for complete justice).
  • References to Legal Services Authorities framework (District Legal Services Authority; Supreme Court Legal Services Committee) — procedural facilitation rather than substantive law.
  • No specific provisions of the Hindu Marriage Act, 1955 are invoked in the text; trial court had considered cruelty/desertion, but the Supreme Court’s decree rests on Article 142.

Sarvesh Kumar Sharma v. Smt. Sarvesh Kumari Sharma 2025 INSC 1369 - Irretrievable Breakdown Of Marriage - Non-Contest By Wife
Sarvesh Kumar Sharma v. Smt. Sarvesh Kumari Sharma 2025 INSC 1369 - Irretrievable Breakdown Of Marriage - Non-Contest By Wife.pdf
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