Irretrievable Breakdown of Marriage: A Landmark Decision – Dr. Vikas Kanaujia v. Dr. Sarita

In a groundbreaking judgment by the Supreme Court of India, the marriage between Dr. Vikas Kanaujia and Dr. Sarita has been dissolved on the grounds of irretrievable breakdown. This landmark decision marks the end of a tumultuous legal battle between the two parties, culminating in a significant ruling that will impact similar cases in the future.

Facts

• Dr. Vikas Kanaujia filed for divorce citing cruelty against Dr. Sarita.
• Dr. Sarita allegedly refused to fulfill her marital obligations and misbehaved with Dr. Vikas Kanaujia’s mother.
• There were multiple legal proceedings initiated by both parties, including maintenance and criminal complaints.
• Dr. Vikas Kanaujia’s attempts to reconcile with Dr. Sarita were unsuccessful.
• Dr. Sarita filed for maintenance under Section 125 of the Code of Criminal Procedure, 1973.
• The High Court denied the divorce decree granted by the Family Court and absolved Dr. Sarita from the accusations of cruelty.
• There were allegations of dowry demands and dowry harassment from both sides.
• Dr. Sarita reportedly visited Dr. Vikas Kanaujia’s workplace causing disturbances and filed multiple criminal complaints.
• The Appellant’s family members were also involved in legal proceedings and accusations.
• The relationship between Dr. Vikas Kanaujia and Dr. Sarita was tumultuous with instances of living together for short periods and then separation.
• The case involved additional charges under Section 498A of the IPC and maintenance disputes.
• The High Court’s decision was based on the initiation of false criminal proceedings against Dr. Vikas Kanaujia.
• The High Court denied the ground of irretrievable breakdown of marriage
• Parties have not been living separately on account of their free will
• The appellant refused to co-habit with the Respondent
• The appellant did not desert the Respondent
• Sessions Court upheld the acquittal order passed by trial court on 02.03.2023
• High Court allowed the appeal filed by the Respondent in matrimonial case against the order of Family Court on 22.08.2019

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Analysis

• Marriage has completely failed with no possibility of parties living together.
• Marriage has only lasted for a total of 43 days with multiple separations over 22 years.
• The Appellant and Original Name have developed independent lives in their early 50s.
• Families of the parties have rivalries, and the Appellant and his family members were arrested in a criminal case filed by Original Name.
• Mediation and conciliation proceedings have failed, indicating the irretrievable breakdown of the marriage.
• Original Name’s actions, like lodging a missing complaint against the Appellant, show a bitter relationship.
• The long history of legal battles and six cases filed against each other since 2002 have worsened the situation, leading to the demolition of their matrimonial bond beyond repair.
• The court has the discretion under Article 142 of the Constitution of India to dissolve the marriage in such circumstances.
• The Court held that in cases where both parties are responsible for cruelty leading to the irretrievable breakdown of the marriage, keeping them together amounts to further cruelty.
• The Court invoked Article 142 of the Constitution of India to dissolve the marriage due to irretrievable breakdown, even if one spouse opposes the divorce.
• The case involved a 22-year separation, lack of marital existence, and sour relations due to continuous legal battles, warranting the exercise of extraordinary powers under Article 142.
• Citing the case of Rajib Kumar Roy vs Sushmita Saha, where a marriage was dissolved after 12 years of separation due to irretrievable breakdown, the Court emphasized the aspect of ‘irretrievable breakdown of marriage’ as a facet of cruelty.

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Decision

• The judgment passed by the High Court of Allahabad on 22.08.2019 is set aside.
• The marriage between the parties is dissolved using powers under Article 142 of the Constitution of India.
• No permanent alimony is awarded as both parties are professionally qualified medical doctors with sufficient and equal earnings.
• Decree of divorce is granted on account of irretrievable breakdown of marriage.
• The present appeal is allowed.

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Case Title: VIKAS KANAUJIA Vs. SARITA (2024 INSC 517)

Case Number: C.A. No.-007380-007380 – 2024

Click here to read/download original judgement