⚖️ Legal Learning | SHRI GANPATI JURISTS
| Neha Lal v. Abhishek Kumar
Core Principle
The Supreme Court held that marriage can be dissolved under Article 142 of the Constitution on the ground of irretrievable breakdown, even if one spouse opposes the divorce, where continuation of the marital tie serves no meaningful purpose.
What the Court Considered
• Parties living separately for a long period
• Multiple litigations between spouses
• No possibility of reconciliation
• Continuation of marriage causing injustice rather than harmony
The Court dissolved the marriage to do complete justice, noting that law cannot force parties to remain bound in a marriage that has completely broken down.
Important Observations
• Courts should not become arenas for settling personal scores
• Excessive matrimonial litigation is discouraged
• Mediation and reconciliation must be prioritised at every stage
• Criminal law should be invoked only in genuine cases of cruelty
• Families and advocates must act responsibly to prevent escalation of trivial disputes
Practical Legal Learning
✔️ Article 142 can be invoked to end a dead marriage
✔️ Consent of both parties is not mandatory in exceptional cases
✔️ Misuse of matrimonial and criminal proceedings will be viewed seriously
✔️ Mediation-first approach is strongly reinforced
One-Line Takeaway
When a marriage is beyond repair, the Supreme Court may dissolve it under Article 142 to ensure complete justice, even without mutual consent.
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