SC dissolves marriage, says alliance emotionally dead
New Delhi: The Supreme Court Tuesday dissolved a two-decade-old marriage saying the alliance between the couple is emotionally dead and there is no point in persuading the parties to live together any more.
The apex court passed the decree of divorce dissolving the marriage after exercising its plenary powers under Article 142 of the Constitution.
A bench comprising Justice L Nageswara Rao and B R Gavai also directed the husband to pay Rs 25 lakh to the wife within eight weeks.
"Having scrutinised the material on record and considering the submissions made by Amicus Curiae, without commenting on the merits of the matter, the marriage between the parties is emotionally dead and there is no point in persuading them to live together any more.
"Therefore, this is a fit case for exercise of jurisdiction under Article 142 of the Constitution of India. The marriage between the parties is dissolved. The Registry is directed to prepare a decree accordingly," the bench said.
The apex court directed that the petition filed by the wife for maintenance shall be withdrawn on receipt of the amount of Rs 25 lakhs.
"The payment of the aforesaid amount is in full and final settlement of all claims of the Respondent against the Appellant," the court said.
The husband, a police officer in West Bengal, married the woman in 1997 and registered it under the Special Marriage Act, 1954. Thereafter, the marriage was solemnized between the parties in 2000 under the Hindu rites and customs.
Alleging cruelty and desertion by the wife, the man filed a suit for dissolution of marriage on March 5, 2007 before the District Judge, Alipore.