In Brief
A husband sought to dissolve his marriage on grounds of irretrievable breakdown after 22 years of separation, but the lower courts refused, citing lack of consent from the wife. The Supreme Court held that while mutual consent is normally required for divorce, courts can exercise their powers under Article 142 of the Constitution to dissolve a marriage that has broken down irretrievably and become emotionally dead, even without the other party's consent. However, the wife's financial interests must be adequately protected through permanent alimony. The Court allowed the divorce, ordering the husband to pay Rs. 20 lakhs as lump-sum permanent alimony to the wife.
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