In a recent ruling, the Supreme Court took a firm stance against the mechanical and insensitive handling of a divorce case, where a husband sought to benefit from the breakdown of his marriage—a breakdown for which he alone was responsible.
The case revolved around a marriage that unraveled shortly after the birth of a child, with the husband abandoning his wife and child. He filed for divorce on the grounds of cruelty, a claim that was initially upheld by the Family Court. However, upon appeal, the High Court overturned the decision and sent the case back to the Family Court. Despite this, the Family Court granted the husband a divorce again, this time citing an “irretrievable breakdown of marriage,” a decision which the High Court once more reversed and remanded.
Undeterred, the Family Court granted the husband a divorce for the third time, attaching a condition of permanent alimony amounting to ₹25 lakhs. The High Court later reduced this amount to ₹20 lakhs, a decision the husband did not contest. However, the wife appealed to the Supreme Court, challenging the reduced alimony.
The Supreme Court sharply criticized the lower courts, emphasizing that the husband, who had subjected his wife to years of cruelty and neglect, could not be allowed to gain from his own wrongdoing. The Court noted the husband’s complete disregard for his son, whom he neither supported nor ensured a secure future.
The Justices expressed their disapproval of the Family Court’s repeated decisions, which, they said, reflected a lack of sensitivity and possible bias against the wife. Despite the extended period of separation since 1992, the Supreme Court chose to uphold the divorce decree but ordered the husband to pay an additional ₹10 lakhs to his wife. Additionally, the Court granted the wife and son full ownership of the property where they resided, barring the husband from interfering with their rights.
This ruling serves as a stark reminder that the legal system cannot be manipulated to reward those responsible for the collapse of their own marriages.
