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(2025) Law Today Live Doc. Id. 20699 = 2025 INSC 1436 = AIROnline 2025 SC 1213 = 2026(1) Civil Court Cases 499 (SC)
Decided on: 15.12.2025
A. Hindu Marriage Act, 1955 (25 of 1955), Sections 13(1)(i-a) – Divorce -- Cruelty -- Spouses have strongly held views with regard to the approach towards matrimonial life and they have refused to accommodate each other for a long period of time -- Consequently, their conduct amounts to cruelty to each other – Held, in matrimonial matters involving two individuals, it is not for the society or for the Court to sit in judgment over which spouses’ approach is correct or not -- It is their strongly held views and their refusal to accommodate each other that amounts to cruelty to one another.
(Para 24)
B. Hindu Marriage Act, 1955 (25 of 1955), Section 13 – Constitution of India, Article 142 – Divorce – Long pendency of litigation – Ground of -- Pendency of matrimonial litigation for a long duration only leads to perpetuity of marriage on paper -- It is in the best interest of parties and the society if ties are severed between parties in cases where litigation has been pending for a considerably long period of time -- No useful purpose shall be served by keeping the matrimonial litigation pending in Court without granting relief to the parties – Marriage between the parties has irretrievably broken down -- In exercise of its power under Article 142 of the Constitution of India, Court dissolved the marriage between the parties -- The power to do ‘complete justice’ under article 142(1) is not Fettered by the doctrine of fault and blame.
(Para 27-35)