LexPRADEEP BHARDWAJ versus PRIYA
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[2025] 7 S.C.R. 534 : 2025 INSC 852 Pradeep Bhardwaj v. Priya (Civil Appeal No. 9502 of 2025) 15 July 2025 [Vikram Nath* and Sandeep Mehta, JJ.] Issue for Consideration Issue arose as regards the correctness of the judgment passed by the High Court dismissing the matrimonial appeal filed by the appellant-husband refusing to grant divorce to the parties. Headnotes† Hindu Marriage Act, 1955 – s.13(1)(a) – Divorce – Irretrievable breakdown of marriage – Petition for dissolution of marriage on the ground of cruelty by the appellant-husband – Dismissed by the family court – Thereagainst, an appeal by the appellant on the ground of irretrievable breakdown of marriage and animosity between the parties – Dismissed by the High Court – Challenge to: Held: Fit case to exercise power u/Art.142 and grant the relief of divorce to the parties on the ground of irretrievable breakdown of marriage – It is apparent that due to complete detachment and the prolonged estrangement, there has been an irretrievable breakdown of the marital bond, which cannot be mended by any means – Moreover, both the parties have spent the prime years of their youth entangled in this marital discord, which has persisted for more than the last fifteen years – Continuance of marriage would only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law – Also, the appellant and his family members’ have been acquitted in the cruelty case filed by the respondent-wife – It cannot be expected by appellant to now continue in a marital bond with the respondent – Thus, in the interest of both the parties and the minor child that they be allowed to lead their lives independently and peacefully, free from legal battles – Decree of divorce granted and monthly maintenance enhanced to Rs.15,000/- pm in favour of respondent and the minor son – Constitution of India – Art.142. [Paras 23-27] * Author [2025] 7 S.C.R. 535 Pradeep Bhardwaj v. Priya Case Law Cited Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : (2023) 4 SCC 692; Amutha v. A.R. Subramaniam [2024] 12 SCR 755 : 2023 SCC OnLine SC 611 – referred to. List of Acts Hindu Marriage Act, 1955; Constitution of India. List of Keywords Dissolution of marriage; Cruelty; Irretrievable breakdown of marriage; Long period of separation; Feelings of animosity; Mental agony; False case against husband and in-laws; Prolonged and futile legal battles; Monthly maintenance; Continuance of marriage; Matrimonial harmony. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9502 of 2025 From the Judgment and Order dated 26.02.2019 of the High Court of Delhi at New Delhi in MATAP No. 54 of 2018 Appearances for Parties Advs. for the Appellant: Aditya Aggarwal, Ms. Pooja, Shri Bhagwan, Ms. Kumari Rashmi Rani, Ms. Rashi Jaiswal, Vipin Kumar Jai. Adv. for the Respondent: Ms. Nidhi. Judgment / Order of the Supreme Court Judgment Vikram Nath, J. 1. Leave granted. 2. The instant appeal has been preferred by the appellant-husband against the final judgment and order dated 26.02.2019 in MAT. APP.(F.C.) No. 54/2018 passed by the High Court of Delhi, wherein 536 [2025] 7 S.C.R. Supreme Court Reports the High Court dismissed the matrimonial appeal preferred by the appellant herein and refused to grant divorce to the parties. 3. The brief facts leading to the instant appeal are that the marriage between the appellant-husband and respondent-wife was solemnised on 07.05.2008 according to the Hindu rites and ceremonies at Delhi. A male child was born out of the wedlock on 25.03.2009, who has remained in the care and custody of the respondent. The conflict ensued between the parties shortly after the wedding took place and the parties have been living separately since October 2009 itself. 4. The appellant preferred a divorce petition under Section 13(1)(a) of the Hindu Marriage Act, 19551 vide HMA No. 377 of 2010 before the Family Court, Tis Hazari, Delhi seeking dissolution of marriage on the ground of cruelty. The grounds seeking divorce were that the respondent used to assault and torture the appellant’s ailing mother with an intention to grab her property. There were further allegations laid by the appellant upon the respondent regarding physically abusing the appellant, having an extra-marital relationship and conducting assault upon the appellant with the help of her brother. 5. The divorce petition w
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