Dissolution of marriage based on irretrievable breakdown

The Supreme Court possesses extraordinary jurisdiction under Article 142 of the Constitution of India to dissolve a marriage by granting a decree of divorce in cases of complete and irretrievable breakdown, even when one of the spouses vehemently opposes the prayer. Although irretrievable breakdown is not an enumerated ground for divorce under the Hindu Marriage Act, 1955, the constitutional power can be invoked to do complete justice to the parties. When a marriage has been wrecked beyond the scope of salvage and a formal legal relationship persists only on paper without any possibility of cohabitation, its continuation becomes entirely unjustified. Factual determination of such breakdown rests on factors such as the duration of cohabitation, the length of separation, the severity of mutual allegations, and the total failure of multiple reconciliation efforts. Recognizing the reality of a dead marriage prevents ongoing suffering, endless litigation, and prolonged misery for all individuals involved. The court acts as an institution of equity to liberate parties from a shattered marital bond where reconciliation is practically impossible. (Neha Lal v. Abhishek Kumar | 2026 INSC 73)