In Brief
Munish Kakkar sought divorce from his wife Nidhi Kakkar on grounds of cruelty under the Hindu Marriage Act after they separated in 2003 following a brief cohabitation. The trial court granted divorce, but the High Court set it aside, finding the allegations of cruelty not sufficiently established. The Supreme Court allowed the appeal and granted divorce by invoking Article 142 of the Constitution. After nearly two decades of separation and litigation with no remaining affection or prospect of reconciliation, the Court found the marriage irretrievably broken and emotionally dead. Though statutory law lacks an irretrievable breakdown ground, the Court exercised its constitutional power to dissolve the marriage and allow both parties to move forward separately."
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