Couple living separately for 30 years: SC ends matrimonial alliance

The Supreme Court has annulled the matrimonial alliance of a couple who got married in 1980 citing irretrievable breakdown of marriage as the husband and the wife were living separately for the last 30 years. 

A bench of Justices Ahsanuddin Amanullah and K Vinod Chandran also noted the respondent wife had already withdrawn the criminal cases and preferred not to appear before the High Court or the Supreme Court to oppose the plea by the husband seeking divorce. In its order, the court indicated that if the respondent wife felt that she is in need of some financial support by way of permanent alimony or otherwise, it will be open for her to approach this court for the same, latest, within a period of six months.

An appeal was preferred by the husband against the Allahabad High Court order affirming the decision of Additional District Judge/Special Judge, Budaun, Uttar Pradesh, dismissing his plea seeking dissolution of marriage by a decree of divorce.  

The husband's counsel submitted that the marriage between the parties took place in the 1980 and intermittently, for various periods, the respondent-wife came to the matrimonial home but thereafter, from the year 1995, she had not been to the matrimonial home. The Additional District Judge/Special Judge, Budaun, Uttar Pradesh had refused to grant divorce because of the fact that cruelty or desertion on the part of the respondent was not proved. 

High Court upheld the order of the Additional District Judge/Special Judge, Budaun only on a premise that cruelty was not proved since the respondent-wife had withdrawn the criminal cases.

Having considered the matter from various angles, the Supreme court opined that the orders of the courts below need interference.    "It is true that facts speak for themselves. In the present case, at least, it is not in dispute that since 1995 i.e., almost for the last 30 years, the parties are not living together. It is also true that the respondent-wife has not appeared before the High Court and even before this court,'' the bench said.  

"Under the aforesaid circumstances, when the respondent wife after having resisted the challenge before the Trial Court, has thereafter, not chosen to contest is a sufficient proof that she is not interested in pursuing the issue of divorce which leads to the next presumption that she is no more interested for restoration of relationship also,'' the bench added.

For giving a quietus to the issue, Supreme Court noted that a case had been made out for invocation of our power under Article 142 of the Constitution of India for grant of decree of divorce on the ground of irretrievable breakdown of marriage. Accordingly, a decree of divorce was granted to the appellant-husband on the ground of irretrievable breakdown of marriage.

"We once again reiterate that even for such proceedings, the respondent would be entitled for assistance from the Legal Services Committee of this court,'' the bench said, while directing its registry to communicate this order to the respondent wife.  

Case Title: Sarvesh Kumar Sharma Vs Sarvesh Kumari Sharma

Order Date: September 9, 2025

Bench: Justices Amanullah and Chandran