Issue before the Court

The appeal followed the dismissal of a divorce petition and a Delhi High Court order refusing to grant divorce. The parties had lived separately for an extended period. The Supreme Court considered whether the marriage had irretrievably broken down and the appropriate maintenance arrangement.

Decision

The Supreme Court allowed the appeal, set aside the challenged order and dissolved the marriage in exercise of its power under Article 142 of the Constitution. It also directed composite monthly maintenance of ₹15,000 for the wife and their child.

Legal context

The judgment discusses the exceptional use of Article 142 in light of the circumstances before the Court, including the long separation. Its order also addresses maintenance. The result is specific to this record and is not a general rule that a period of separation automatically dissolves a marriage.

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