In Brief
A husband and wife married in 2002 under Hindu rites, but the marriage never consummated and the wife left within days. The husband sought divorce on grounds of cruelty; the wife filed for restitution of conjugal rights. After 20 years of litigation spanning trial court, appellate court, and high court—during which the husband remarried—the Supreme Court granted divorce. The Court held that Article 142 permits divorce on irretrievable breakdown even without both parties' consent when the marriage is emotionally dead and beyond salvage. The wife's sustained harassment through multiple lawsuits, RTI misuse, criminal complaints, and workplace intimidation constituted cruelty. The marriage being dissolved, both grounds favoured divorce.
The lawyer headnote and full judgment text are available to registered users.