MUNISH KAKKAR VS NIDHI KAKKAR (IRRETRIEVABLE BREAKDOWN OF MARRIAGE : SC CAN INVOKE ARTICLE 142) - Synopsis
RISHABH SACHDEVA 7 Jan 2020

The irretrievable breakdown of marriage as a divorce ground in India.   

                                                    MUNISH KAKKAR VS NIDHI KAKKAR  

In the year 2000, the appellant and the respondent married according to Hindu rites in Jalandar,  Punjab.  The family of the Respondent lives in Canada. The parties co-lived for a two-month period, after which the Respondent-wife went to Canada, where she finally became a citizen in 2002. The appellant charged that without his permission, the respondent went to Canada. Only after she obtained her Canadian citizenship in 2002 , the respondent returned to India. There were ongoing quarrels between the parties even after she came back. Panchayat had intervened because of the same and also asked the parties to reside separately from their families. Even this solution was not effective. The respondent then left again for Canada.

This caused the appellant to file with the lower court on the ground of cruelty for a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The plaintiff argued that he had been subjected to extreme physical and mental suffering due to loneliness and lack of cohabitation. He had signed the immigration papers to save his marriage despite his reluctance to go to Canada, the appellant stated. The papers have never been submitted, however. In fact, the appellant stated that on improper travel documents the respondent herself had reached Canada.

The respondent accused the appellant for undermining her in her claims and made several other charges including dowry, physical assault and extramarital affairs. She also said that when she was taken to a doctor once she was compelled to have an abortion.

This allegation was denied by the appellant and the  respondent was never pregnant.

The Additional District Judge, after hearing the arguments from both sides, issued a divorce decree against which an appeal was filed before the Punjab High Court. Interestingly, the High Court set aside the divorce decree, attributing to the wear and tear of marriage and "inflamed passions" various allegations exchanged between the parties. The judge of the High Court ruled that they were not necessary to knock down the walls of marriage.

Aggrieved, an appeal was brought before the Supreme Court by the appellant-husband. Meanwhile, the respondent-wife expressed consent to stay with the appellant.

OBSERVATION OF SUPREME COURT

The Hon'ble SC observed that learned single judge seems to have brushed aside the claims of extra marital affairs as well as a child out of the wedlock as part of marriage wear and tear and as "inflamed passions". The Supreme Court found that the personal relationship between the parties appeared to have been greatly deteriorated and sustained. Multiple efforts have been taken by this court to solve the dispute but they failed. There are several court rulings in which Supreme Court, in the exercise of its powers under Article 142 of the Indian Constitution, granted divorce on the grounds of an irretrievable breakdown of marriage . The Respondent will also be entitled to a maintenance of Rs. 7500. 

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