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Supreme Court of India 2024-12-19 allowed

RINKU BAHETI vs SANDESH SHARDA

Bench: 2 — B.V. Nagarathna, Pankaj Mithal

In Brief

Rinku Baheti and Sandesh Sharda married in July 2021 but cohabited for only 3-4 months. The husband filed three successive divorce petitions within 34 days, and the wife filed grave criminal charges including rape and unnatural offences, resulting in his arrest. After failed mediation attempts, the Supreme Court dissolved the marriage under Article 142(1) of the Constitution on the ground of irretrievable breakdown, despite the wife's opposition. The Court held that once a marriage has completely failed with no possibility of reconciliation, it can be dissolved using this power to do complete justice. The Court awarded the wife Rs. 12 crores permanent alimony (not based on equalizing wealth but on her reasonable needs, status, and marriage duration), quashed the criminal proceedings against the husband, and directed the wife to vacate the in-laws' properties within two months.

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Family Law Matrimonial Disputes Divorce Irretrievable Breakdown of Marriage Maintenance and Alimony Article 142(1) Criminal Procedure Sections 498A/376/377 Misuse Mediation

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