LexRAMANUJ KUMAR versus PRIYANKA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 4 S.C.R. 1502 : 2025 INSC 543 Ramanuj Kumar v. Priyanka (Civil Appeal No. 14276 of 2024) 22 April 2025 [Vikram Nath,* Sanjay Karol and Sandeep Mehta, JJ.] Issue for Consideration Whether on facts, the marriage between the parties has irretrievably broken down and ought to be dissolved on that ground in exercise of jurisdiction under Article 142 of the Constitution of India. Headnotes† Constitution of India – Art.142 – Hindu Marriage Act, 1955 – ss.13(1)(ia), 13(1)(iii) – Whether on facts there is irretrievable breakdown of marriage and it ought to be dissolved on that ground in exercise of jurisdiction u/Article 142: Held: Yes – Parties have lived separately for over a decade and there is a complete absence of marital ties – Multiple attempts at reconciliation through mediation have failed – Neither party has shown any willingness or inclination to restore the marital bond – Marriage has completely and irrevocably broken down – Continuing such a marriage would only perpetuate hardship and serve no useful purpose – The marriage between the appellant and the respondent dissolved u/Art.142 on the ground of irretrievable breakdown of marriage – However, the respondent-mother is entitled to visitation rights with her daughter, in the terms directed. [Paras 9, 12] List of Acts Constitution of India; Hindu Marriage Act, 1955; Dowry Prohibition Act, 1961; Penal Code, 1860. List of Keywords Irretrievable breakdown of marriage; Exercise of jurisdiction under Article 142 of the Constitution of India; Marriage dissolved on the * Author [2025] 4 S.C.R. 1503 Ramanuj Kumar v. Priyanka ground of irretrievable breakdown; Complete justice; Prolonged separation; Decree of divorce; Mental and physical cruelty; Verbal abuse; Cruelty; Custody or visitation rights; Dissolution of marriage; Prolonged hostility; Irreparable damage; Mutual allegations of grave and serious nature; welfare of the child. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 14276 of 2024 From the Judgment and Order dated 28.06.2023 of the High Court of Jharkhand at Ranchi in FA No. 242 of 2019 Appearances for Parties Advs. for the Appellant: Paarthiv Goswami, Sr. Adv., Ms. Prerna Singh, Kushagra Raj. Advs. for the Respondent: Sabyasanchi, Ms. Sugandha Anand. Judgment / Order of the Supreme Court Judgment Vikram Nath, J. 1. The present appeal arises from the judgment dated 28.06.2023 passed by the High Court of Jharkhand in First Appeal No. 242 of 2019, whereby the appellant/husband’s appeal was dismissed, affirming the judgment dated 02.07.2019 of the Family Court, Ranchi in Original Suit No. 107 of 2014. By the said judgment, the Family Court dismissed the appellant’s petition for dissolution of marriage under Sections 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955.1 2. The marriage between the appellant and the respondent was solemnized on 24.11.2012. Two children were born out of the said wedlock. The first child, a daughter, was born on 17.08.2013. Thereafter, on 06.03.2014, the appellant instituted a petition under Sections 13(1)(ia) and (iii) of the HMA before the Family Court, Ranchi (M.T.S. No. 107 of 2014), seeking a decree of divorce. At 1 HMA 1504 [2025] 4 S.C.R. Supreme Court Reports the time of filing the suit, the respondent was pregnant with their second child. 2.1. Subsequently, the respondent filed Complaint Case No. 1980/2014, alleging mental and physical cruelty against the appellant and his parents, invoking provisions of Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. On 30.11.2014, the respondent gave birth to their second child, who was diagnosed with cerebral palsy. In the divorce proceedings, the appellant alleged that the respondent subjected him and his family to verbal abuse, amounting to cruelty. These allegations were denied by the respondent, who countered with allegations of mental and physical cruelty inflicted upon her by the appellant. 2.2. Upon hearing both parties, the Family Court vide its order dated 02.07.2019, dismissed the appellant’s petition for divorce. Aggrieved, the appellant preferred First Appeal No. 242 of 2019 before the High Court. 2.3. The High Court, by the impugned judgment dated 28.06.2023, dismissed the appeal, holding inter alia that since the parties cohabited until March 2014, the allegations of cruelty made prior thereto could not be sustained, particularly in view
Excerpt shown. Read the full judgment & AI analysis in Lexace.