Legal provisions involved: Hindu Marriage Act, 1955; Article 142 of the Constitution of India
Judgement by: Supreme Court of India
Judge/Bench: Justice Vikram Nath and Justice Sandeep Mehta
Facts
Jatinder Kumar and Jeewan Lata, both government school teachers from Punjab, got married in June 2003. The relationship broke down within a few years, and the wife left the home in 2005. They had no children. The husband filed for restitution of conjugal rights, withdrew it, and later filed for divorce on grounds of cruelty and desertion. The trial court rejected the divorce in 2012, and the Punjab and Haryana High Court upheld that decision. The case reached the Supreme Court after almost 20 years.
Key legal provisions
Article 142 of the Constitution of India
Issues raised
Whether the Supreme Court could dissolve a marriage that had effectively ended for nearly 20 years, despite earlier court orders rejecting divorce?
Arguments of the case
The husband said the marriage had broken down and asked for divorce. The wife opposed it, claiming the husband had not tried to reconcile.
Judgement
The Supreme Court held that the marriage had broken down beyond repair and that mediation attempts failed. Using its powers under Article 142, the court dissolved the marriage, set aside earlier orders, and ordered the husband to pay ₹20 lakh as one-time alimony within two months. All pending cases between the parties were also closed.
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