Supreme Court Dissolves Decade-Long Estranged Marriage Citing Irretrievable Breakdown, Grants Mother Visitation Rights.
22 April 2025
Family dispute >> Family Law | Hindu Marriage Act >> Marriage Law
The marriage between the appellant (husband) and the respondent (wife) was solemnized in November 2012, and they had two children. The husband filed for divorce in March 2014, citing cruelty. Subsequently, the wife filed a complaint against the husband and his family alleging cruelty and dowry harassment. Tragically, their second child, born with cerebral palsy in November 2014, passed away after a few years.
Both the Family Court and the High Court had dismissed the husband's divorce petition, with the High Court noting that cohabitation until March 2014 negated earlier cruelty allegations, especially considering the birth of the second child later that year.
Before the Supreme Court, the husband sought dissolution of the marriage based on irretrievable breakdown, highlighting over a decade of separation, deep hostility, and failed reconciliation attempts. He stated that their elder daughter (now about 12) had been in his exclusive care since infancy. The wife acknowledged this, explaining that she was consumed by the intensive care required by their second child and her government job, leaving her without the capacity to pursue custody or visitation of her elder daughter. Notably, she did not claim alimony.
Acknowledging the wife's prolonged separation from her daughter, the Court emphasized the importance of maternal contact for the child's well-being. To facilitate a gradual rebuilding of their bond, the Supreme Court granted the wife visitation rights for two days each month at the husband's residence, with mutually agreed-upon dates and the husband bearing the reasonable expenses. The Court clarified that this arrangement did not determine custody, and both parties remained free to seek formal custody adjudication in the appropriate forum.