JATINDER KUMAR SAPRA versus ANUPAMA SAPRA

Citation: [2024] 5 S.C.R. 879 · Decided: 06-05-2024 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

* Author
[2024] 5 S.C.R. 879 : 2024 INSC 382
Jatinder Kumar Sapra  
v. 
Anupama Sapra
(Civil Appeal No. 6088 of 2024)
06 May 2024
[Vikram Nath and Satish Chandra Sharma,* JJ.]
Issue for Consideration
Whether in the facts and circumstances of the case, was it a fit case 
for exercising jurisdiction under Article 142(1) of the Constitution of 
India and pass a decree of divorce on the ground of irretrievable 
breakdown of marriage?
Headnotes†
Factors to be considered by the Supreme Court while exercising 
jurisdiction under Article 142(1) of the Constitution of India 
and pass a decree for divorce on the ground of irretrievable 
breakdown of marriage – Explained:
Held: Both the Family Court and the High Court of Punjab and 
Haryana had dismissed the petition instituted by the Appellant 
under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking 
dissolution of marriage by way of a decree of divorce. For passing 
a decree of divorce on the ground of irretrievable breakdown of 
marriage under Article 142(1) of the Constitution of India, the 
Supreme Court must be fully satisfied and convinced that the 
marriage is totally unworkable and beyond salvation. For this, 
the Supreme Court must consider the period of time the parties 
cohabited after marriage; when the parties had last cohabited; 
the nature of allegations made by the parties against each other 
and their family members; the orders passed in legal proceedings 
from time to time; cumulative impact on the personal relationship; 
whether attempts were made to settle the disputes by intervention 
of court or through mediation, and when was the last attempt made. 
But these factors are not exhaustive but are rather illustrative. 
Reliance placed on Shilpa Sailesh v. Varun Sreenivasan, 2023 
SCC OnLine SC 544. [Paras 2 and 5] 
Case for exercising jurisdiction under Article 142(1) of the 
Constitution of India and passing a decree of divorce on the 
880
[2024] 5 S.C.R.
Digital Supreme Court Reports
ground of irretrievable breakdown of marriage – Whether 
made out?
Held: In the instant case, there was no possibility of the parties 
residing together and/or arrive at an amicable settlement. The parties 
married on 14.10.1991 and last cohabited in January 2002. Out of 
the wedlock, two children were born in 1993 and 1996 respectively. 
The Appellant alleged that the Respondent ill – treated the Appellant 
and constantly acted against him. The Respondent alleged cruelty 
and torture at the hands of the Appellant. Both their children are 
majors now and are gainfully employed. Thus, the facts on record 
establish beyond doubt that the marriage between the parties has 
broken down and that there is no possibility of the parties cohabiting 
ever in the future. Therefore, the Supreme Court considered it to 
be a fit case for exercising its jurisdiction under Article 142(1) of 
the Constitution and passed a decree of divorce on the ground of 
irretrievable breakdown of marriage. [Paras 3, 4, 6, 7 and 8]
Permanent Alimony payable when decree of divorce passed in 
exercise of jurisdiction under Article 142(1) of the Constitution:
Held: The Appellant has been gainfully employed by various 
multinational corporations previously and is presently endowed with 
a respectable estate. Accordingly, the Supreme Court deemed it fit 
and proper that the Appellant pays an amount of Rs. 50,00,000/- to 
the wife as permanent alimony in five monthly instalments. [Para 9]
Case Law Cited
Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : 2023 
SCC OnLine SC 544 – followed. 
List of Acts
Constitution of India; Hindu Marriage Act, 1955. 
List of Keywords
Divorce, Irretrievable Breakdown, Cruelty, Permanent Alimony, 
Cohabit, Decree of Divorce. 
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6088 of 2024
From the Judgment and Order dated 26.07.2019 of the High Court of 
Punjab & Haryana at Chandigarh in FAO No. 146 of 2005
[2024] 5 S.C.R. 
881
Jatinder Kumar Sapra v. Anupama Sapra
Appearances for Parties
Tapan Bijoy Deb Choudhury, Tapan Choudhury, Advs. for the 
Appellant.
Md. Shahid Anwar, Mohd Shahzeb Khan, Mayank Kaushik, Amir 
Naseem, Ajay Amritraj, Hareesh Ahmad Minhaj, Vipul Singhal, Advs. 
for the Respondent.
Judgment / Order of the Supreme Court
Judgment
Satish Chandra Sharma, J. 
1.	
Leave granted. 
2.	
The instant appeal assails the correctness of an order dated 
26.07.2019 passed by the High Court of Punjab and Haryana (the 
“High Court”) in FAO-146-M-2005 (

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