Supreme Court Dissolves Eight-Year Marital Strife, Citing Irretrievable Breakdown and Quashing Criminal Proceedings.
05 August 2025
Divorce Law >> Family Law
The Heart of the Dispute:
The disputes led to multiple legal proceedings, including a criminal case filed by the wife under Section 498-A of the Indian Penal Code and another under the Domestic Violence Act, 2005. At the same time, the husband had filed for divorce. While a settlement for a divorce by mutual consent was initially reached in 2022, the wife later withdrew her consent before the second motion, leading to further litigation.
Supreme Court’s Intervention and Analysis:
A key part of the court's analysis focused on the allegations under Section 498-A of the IPC. The judgment noted that the criminal complaint, filed a year after the couple’s separation, contained "common-place, banal and vague" allegations without any specific instances of cruelty. The court found that the charges were a result of "marital squabbles, skirmishes and bickerings blown out of proportion." Citing the precedent set in State of Haryana v. Bhajan Lal, the court exercised its power to quash the criminal proceedings, stating that the allegations did not prima facie constitute an offense.
Final Verdict and Property Settlement:
The final judgment included a detailed property settlement:
- The husband will transfer ownership of their Mumbai apartment, along with two car parking spaces, to the wife via a gift deed.
- He will also pay all outstanding maintenance charges for the apartment up to September 1, 2025.
- The court stipulated that the divorce would only be finalized upon the husband's full compliance with these terms.
- All other pending legal proceedings between the parties, both civil and criminal, were ordered to be closed.
Section 498A., Indian Penal Code - 1860
Protection of Women from Domestic Violence Act, 2005