Breaking Supreme Court Legal Update
New Delhi · Thursday, 06 August 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2019-12-17 allowed

MUNISH KAKKAR vs NIDHI KAKKAR

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

A couple married in 2000 engaged in protracted legal battles over nearly two decades. The husband sought divorce on grounds of cruelty under the Hindu Marriage Act; the trial court granted it, but the High Court set it aside. On appeal, the Supreme Court held that despite the lack of a statutory ground for irretrievable breakdown in Indian divorce law, it could grant divorce under Article 142 of the Constitution in rare cases where a marriage is emotionally dead and completely unworkable. Here, sixteen years of separation, failed reconciliation attempts, and a psychologist's report confirming mutual bitterness and absence of affection demonstrated irretrievable breakdown. The Court dissolved the marriage, allowing both parties to move forward separately. Maintenance was ordered to continue."

The lawyer headnote and full judgment text are available to registered users.

Family Law Divorce Hindu Marriage Act Matrimonial Law Constitutional Law Irretrievable Breakdown Judicial Discretion Article 142

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login