Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 31 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-10-09 allowed

Sukhendu Das vs Rita Mukherjee

Bench: 2 — L. Nageswara Rao

In Brief

A married couple—both District Judges—were living separately for 17 years due to matrimonial discord. The husband sought divorce under the Special Marriage Act, 1954, but the trial court and High Court rejected his application for failing to prove legal grounds. The Supreme Court allowed the appeal, holding that where a marriage has irretrievably broken down and parties cannot live together, the Court may invoke Article 142 to grant divorce even without strict proof of statutory grounds, particularly where refusing to do so would constitute mental cruelty.

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

Family Law Matrimonial Law Divorce Special Marriage Act, 1954 Irretrievable Breakdown Constitutional Law 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