Jatinder Kumar Sapra v. Anupama Sapra (2024)

Introduction

In a latest judgment passed on May 6^th  2024, The Supreme Court in JATINDER KUMAR SAPRA  Vs. ANUPAMA SAPRA 2024, the Supreme Court invoked its special powers under Article 142(1) to grant divorce on the grounds of irretrievable breakdown of marriage, considering the long period of separation, the impossibility of reconciliation, and the fact that the children are now adults and independent.

Key Observations by the Supreme Court

• The Court was prima facie satisfied with the case parameters and appointed Senior Counsel to attempt mediation. Despite best efforts, the parties could not reach an amicable settlement, confirming there was no possibility of living together again.

• It was an undisputed fact that the parties had been separated for 22 years, last cohabiting in January 2002. Their children are now adults and gainfully employed.

• Considering the circumstances, the Court concluded that the marriage had irretrievably broken down with no chance of reconciliation. Continuing the marriage was neither justified nor desirable.

• Without delving into the allegations from either side, the Court exercised its discretionary power under Article 142(1) to pass a decree of divorce based on the irretrievable breakdown.

  
  

Broader Legal Context

This judgment is part of a transformative judicial approach that acknowledges irretrievable breakdown as a valid and realistic ground for divorce, even though it is currently not explicitly available under statutory law. The Supreme Court’s power under Article 142 allows it to deliver complete justice by overriding procedural limitations for cases like these.