LexRINKU BAHETI versus SANDESH SHARDA
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[2024] 12 S.C.R. 1355 : 2024 INSC 1014 Rinku Baheti v. Sandesh Sharda (Transfer Petition (Civil) No. 278 of 2023) 19 December 2024 [B.V. Nagarathna* and Pankaj Mithal, JJ.] Issue for Consideration Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the Constitution to grant a decree of divorce to the parties on the ground of irretrievable breakdown of marriage. Headnotes† Constitution of India – Art. 142(1) – Hindu Marriage Act, 1955 – ss.13, 13B – Code of Civil Procedure, 1908 – s.25 – Transfer petition – Transfer of divorce petition – Dissolution of marriage – Irretrievable breakdown of marriage – Permanent alimony – Second marriage of both the parties – Husband- respondent, a citizen of USA – Parties had brief period of relationship of three months, thereafter marital discord resulting in multiple litigations – Criminal complaints by the wife-petitioner against the husband, alleging offences of cruelty, outraging of modesty, rape, cheating, along with the complaint against her father-in-law – Issuance of ‘Look Out Circular’ against the husband, leading to his arrest at the airport – Husband released on bail after one month of police custody – Husband filed three divorce petitions within a span of 34 days before the Family Court, out of which, the first was dismissed as withdrawn; second filed by both parties was dismissed for being pre-mature and the third is pending adjudication – Transfer petition by the wife before this Court seeking transfer of the third divorce petition – During pendency, application u/Art.142(1) by the husband seeking dissolution of marriage on the ground of irretrievable breakdown of marriage – Wife also filed application before the Transferee Court for fixation of alimony: *Author 1356 [2024] 12 S.C.R. Supreme Court Reports Held: Hardly any cordiality or meaningful marital relationship emerged from the marriage of the parties – Submission of the wife that she intends to continue her marital relationship with the husband cannot be accepted – Events stated deterred the husband from continuing with his marital relationship with the wife – It is difficult to fathom as to how the wife can reasonably expect her spouse to continue in a cordial marital relationship with her, when she has filed a criminal case against him, got a “Look Out Circular” issued against him, and even got him arrested – On one hand, petitioner sought the dismissal of application u/Art.142(1) on the ground that she wishes to continue the marriage, while in the same breath, she has demanded a huge sum of money as permanent alimony equalling the share received by the respondent’s ex-wife – Petitioner’s criminal complaint, among other things, has left incurable scar on the relationship between the parties – No chance for the parties to reconcile their differences and lead a normal married life hereinafter – Marriage has completely failed and also no child born out of the wedlock – Thus, fit case to exercise discretion u/ Art.142(1), as such the application u/Art.142(1) is allowed and the marriage between the petitioner and the respondent is dissolved on the ground of irretrievable breakdown of marriage – As regards, permanent alimony the wife sought equalisation of status not just with the respondent-husband but also with the ex-wife of the respondent, which cannot be an acceptable approach – Petitioner cannot simply claim an amount equal to what the ex-wife of the respondent had received or on the basis of the income of the respondent – Court has to not just consider the income of the respondent-husband, but also bear in mind other factors such as the income of the petitioner-wife, her reasonable needs, her residential rights, and other similar factors – Thus, her entitlement to maintenance has to be decided based on the factors applicable to her – Also duration of marriage, a relevant factor to be taken into consideration which was hardly three to four months – In the petition seeking divorce by mutual consent, respondent agreed to pay sum of Rs.8 crores towards full and final settlement of all claims of the petitioner – Family Court assessed Rs.10 crores as the quantum of permanent alimony, which is accepted – Additional amount of Rs.2 crores is liable to be paid to the petitioner to enable her to acq
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