Nikesh Kumar v. Suman Devi
In short. The case involves an appeal by Nikesh Kumar against a judgment by the High Court of Jharkhand, which set aside a decree of divorce previously granted to him. The core issue was whether the marriage between Nikesh Kumar and Suman Devi had irretrievably broken down, warranting a divorce under Article 142(1) of the Constitution of India. The Supreme Court ultimately decided to grant the divorce, citing the long period of separation (over 17 years) and the absence of any possibility of reconciliation.
Facts
Nikesh Kumar and Suman Devi were married on December 8, 2004. However, Suman Devi began residing separately within a year of marriage, around November 10, 2005, and they have not cohabited since. Nikesh filed for divorce on September 15, 2006, citing cruelty and desertion. The Family Court granted the divorce on August 9, 2012. Following this, Nikesh remarried on November 29, 2012, and has a child from this second marriage. Suman Devi appealed the divorce decree, which led to the High Court's decision to set it aside on July 2, 2018.
Arguments
Petitioner Arguments
Nikesh Kumar argued that the marriage had irretrievably broken down due to the long separation and the lack of cohabitation. He emphasized the cruelty and desertion he experienced, which justified the divorce. The court addressed these arguments by evaluating the duration of separation and the nature of the relationship, ultimately agreeing that the marriage had failed.
Respondent Arguments
Suman Devi contended that the divorce should not be granted, likely arguing for the preservation of the marital bond despite the separation. The court, however, found that the extensive period of separation and the established failure of the marriage outweighed any arguments for maintaining the marriage.
Precedents considered
The judgment referenced the case of Shilpa Sailesh v. Varun Sreenivasan, which established that a marriage can be dissolved on the grounds of irretrievable breakdown. The factors outlined in this precedent were crucial in assessing the current case, including the duration of separation and attempts at reconciliation.
Legal principles
The court applied the legal principle of irretrievable breakdown of marriage, considering factors such as:
- Duration of separation (over 17 years).
- Last cohabitation (November 2005).
- Nature of allegations between the parties.
- Attempts at reconciliation.
- Economic and social status of the parties.
Decision and reasoning
Rationale
The court reasoned that the marriage had completely failed, with no possibility of reconciliation. The long separation and the established facts led to the conclusion that continuing the legal relationship was unjustified. The court also noted the attempts made to settle the matter amicably, which further supported the decision to grant the divorce.
Outcome
The Supreme Court granted the divorce, dissolving the marriage between Nikesh Kumar and Suman Devi. Additionally, it ordered Nikesh to pay Suman a total of Rs. 40,00,000 (Rs. 25,00,000 plus Rs. 15,00,000 already paid) in two installments as part of the settlement.
Conclusion
This judgment underscores the importance of recognizing the irretrievable breakdown of marriage as a valid ground for divorce. It highlights the court's willingness to intervene in cases where the continuation of a marriage is deemed unjust, reflecting a progressive approach to family law in India.
Read the full judgment on the Supreme Court website (PDF)
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