Legal Learning | Shri Ganpati Jurists
Case: Nayan Bhowmick v. Aparna Chakraborty (Supreme Court of India)
Key Takeaways:
Irretrievable Breakdown of Marriage:
A long period of separation, complete absence of reconciliation, and an unworkable marital relationship can justify dissolution of marriage by the Supreme Court under Article 142 of the Constitution.
Cruelty under Hindu Marriage Act:
Strongly held opposing views, persistent refusal to accommodate each other, and irreconcilable differences between spouses amount to mental cruelty under Section 13(1)(i-a), Hindu Marriage Act, 1955.
Exercise of Article 142 – Complete Justice:
The Supreme Court’s power to do complete justice is not fettered by fault or blame. Where marriage has broken down irreparably and causes continued misery, public interest lies in severing legal ties to end prolonged suffering and litigation.
Judicial Realism:
Courts must recognize social reality—forcing continuation of a dead marriage serves no purpose and itself becomes a source of cruelty to both parties.
Principle Evolved:
An irreparably broken marriage, marked by long separation and no hope of reunion, deserves dissolution to secure justice, dignity, and peace for both spouses.
— Shri Ganpati Jurists ⚖️
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