Legal provisions involved: Article 142 of the Constitution of India; Section 144 of BNSS, 2023 (earlier Section 125 of CrPC, 1973); Section 12 of the Protection of Women from Domestic Violence Act, 2005.

Judgement by: Supreme Court of India

Judge/Bench: Justice Rajesh Bindal and Justice Manmohan

Facts

The parties got married on 28 January 2012 but lived together for only 65 days. After that, they separated and remained apart for more than ten years. During this period, both sides filed over 40 cases against each other. The long separation and repeated court cases showed that the relationship had completely broken down.

Key legal provisions

Article 142 of the Constitution of India

Section 144 of BNSS, 2023 (earlier Section 125 of CrPC, 1973)

Section 12 of the Protection of Women from Domestic Violence Act, 2005.

Issues raised

Should the marriage continue when there is no chance of reconciliation and the parties have been fighting in court for years?

Arguments of the case 

The level of bitterness, long separation, and repeated litigation proved that the marriage could not be saved. Continuing the marriage would only increase conflict.

Judgement

The Supreme Court dissolved the marriage under Article 142, holding that there was no possibility of the couple living together again. The court also imposed a cost of ₹10,000 on each party for misusing the court system and strongly stressed the importance of mediation in matrimonial disputes.

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