Supreme Court of India grants divorce citing irretrievable breakdown in Pradeep Bhardwaj vs. Priya.
SC GRANTS DIVORCE ON IRRETRIEVABLE BREAKDOWN AFTER 16 YEARS OF SEPARATION
CASE SUMMARY – In Pradeep Bhardwaj vs. Priya, the Supreme Court granted a divorce on the ground of irretrievable breakdown of marriage after the couple had been separated for over 16 years. The husband’s plea under Section 13(1)(a) of the Hindu Marriage Act for cruelty was earlier rejected by lower courts. The Supreme Court, however, considered prolonged separation, failure of mediation, and acquittal in related criminal cases to exercise its powers under Article 142 of the Constitution. The marriage was dissolved, and monthly maintenance of ₹15,000 was ordered in favor of the respondent and their child.
| ASPECTS | DETAILS |
| Case Title | Pradeep Bhardwaj vs. Priya |
| Introduction | Appeal against Delhi High Court judgment refusing divorce. Husband seeks dissolution of marriage on cruelty and irretrievable breakdown grounds. |
| Factual Background | Marriage in 2008; son born in 2009; couple separated since October 2009. Divorce sought due to alleged cruelty and long-term separation. |
| Legal Issues | Whether cruelty was proved under Section 13(1)(a) HMA; whether irretrievable breakdown of marriage justifies divorce. |
| Applicable Law |
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| Analysis | Family Court and High Court earlier denied divorce citing lack of cruelty. Supreme Court noted 16 years of separation and acquittal in criminal case as key factors for irretrievable breakdown. |
| Conclusion | Divorce granted under Article 142 due to irretrievable breakdown. Maintenance enhanced to ₹15,000/month. |
| Current Scenario | Marriage dissolved by SC on 15 July 2025. Appellant must pay maintenance. Registry to draw decree. |
“Compelling a dead marriage to continue only perpetuates mental agony and societal burden.”
SOURCE –SUPREME COURT OF INDIA
READ ALSO – Article 142 of Constitution
