Hindu Marriage Act – Section 13 –Actions causing sustained emotional torment and loss of trust in the marital relationship constitutes cruelty- Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended period, the marital bond becomes a mere legal formality devoid of any substance -Prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes. (Para 31)
Constitution of India – Article 142- Irretrievable breakdown of marriage is not a statutory ground for divorce under the HMA, Article 142 of Constitution is invoked to grant relief where the marriage is beyond repair – When marriage has irretrievably broken down, forcing the parties to remain together serves no purpose and only prolongs their misery. (Para 32) Forcing a marriage to continue when it has become a source of unhappiness and conflict undermines the very purpose of the institution of marriage. (Para 34)
Permanent Alimony – The financial independence of a party does not preclude Court from granting maintenance if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period- The factors to be considered while awarding maintenance or alimony include the duration of the marriage, the earning capacities of the parties, their age and health, their standard of living, and their financial and non-financial contributions to the marriage. Here, the appellant has spent substantial time during the pendency of the litigation without the emotional or financial support of the respondent. Moreover, granting a lumpsum as permanent alimony ensures finality and reduces the scope for future litigation between the parties. While the appellant is presumably capable of earning, she has undoubtedly faced financial and emotional setbacks due to the prolonged litigation and separation. Similarly, the financial provision for the daughter ensures her welfare is not compromised due to the breakdown of the marital relationship between her parents. (Para 37-39)