IRRETRIEVABLE BREAKDOWN AND ABUSE OF PROCESS: SUPREME COURT ENDS DECADE-LONG MATRIMONIAL LITIGATION

INTRODUCTION

In XXX v. YYY, SLP (Civil) No. 28311 of 2024), decided on 7 April 2026, the Supreme Court of India, comprising Justice Vikram Nath and Justice Sandeep Mehta, exercised its extraordinary powers under Article 142 of the Constitution to dissolve a marriage that had become unworkable due to prolonged litigation and acrimony. The Court held that where a matrimonial dispute degenerates into vexatious, vindictive and multiplicity-driven litigation, the marriage can be treated as “dead for all practical purposes” warranting complete closure of all disputes.

 

BRIEF FACTS

The parties were married in 2010 and had two minor sons. Due to irreconcilable differences, they separated in 2016. What followed was nearly a decade of intense litigation, including multiple proceedings relating to divorce, custody, maintenance and residence. The Family Court had granted interim maintenance in favour of the Wife and Children, but the husband consistently failed to comply with these directions, leading to execution proceedings and further litigation.

The situation was aggravated by the Husband’s conduct, who initiated numerous legal proceedings, over 80 in number, not only against the Wife but also against her relatives and even her advocates, thereby expanding the scope of the dispute across multiple forums. The High Court declined to grant time-bound directions for execution of maintenance orders, which led to the present Appeal before the Supreme Court.

 

ISSUES OF LAW

The principal issue before the Court was whether the extraordinary jurisdiction under Article 142 could be invoked to dissolve the marriage on the ground of irretrievable breakdown and simultaneously bring an end to all collateral and interconnected proceedings between the parties.

 

ANALYSIS OF THE JUDGMENT

The Supreme Court undertook a comprehensive assessment of the conduct of the parties and the nature of litigation between them. It noted that the matrimonial dispute had transformed into a prolonged legal battle marked by hostility, non-compliance with maintenance orders and deliberate attempts to harass the opposing party through multiple proceedings. The Court was particularly critical of the Husband’s conduct, observing that the repeated filing of cases against not just the Wife but also her family members and legal representatives reflected a vindictive and oppressive approach.

The Court observed that such conduct not only frustrates the administration of justice but also causes immense psychological and financial hardship to the opposing party. It further emphasised that the real victims in such prolonged disputes are often the children, whose welfare must remain a central consideration. In the present case, the Court found that the environment of continuous litigation had rendered any possibility of reconciliation illusory.

A significant aspect of the Judgment is the Court’s reaffirmation that irretrievable breakdown of marriage, though not a statutory ground under the Hindu Marriage Act, can be invoked by the Supreme Court under Article 142 to do complete justice. The Court noted that the parties had been living separately for nearly a decade and that the relationship had deteriorated beyond repair.

The Court also addressed the issue of financial obligations and maintenance. It rejected the Husband’s plea of financial incapacity, observing that his conduct indicated deliberate attempts to evade legal responsibilities. The Court found merit in the Wife’s contention that the Husband had structured his affairs to avoid payment of maintenance, thereby necessitating a comprehensive and final financial settlement.

In order to ensure complete justice, the Court went beyond merely dissolving the marriage. It invoked its plenary powers to quash all pending civil, criminal and miscellaneous proceedings between the parties, including those initiated against relatives and advocates. This approach was justified on the ground that continuation of such proceedings would perpetuate harassment and defeat the purpose of final resolution.

 

CONCLUSION

The Supreme Court dissolved the marriage and directed the Husband to pay a consolidated sum of ₹5 crores towards permanent alimony, child support and settlement of all claims. It also granted custody of the children to the Wife with structured visitation rights to the Husband and mandated that all pending proceedings between the parties be treated as closed.

This Judgment stands as a powerful illustration of the Court’s willingness to use its constitutional powers to put an end to abusive litigation and restore finality in matrimonial disputes. By recognising that prolonged hostility and misuse of legal processes can render a marriage irretrievably broken, the Court has reinforced a pragmatic and humane approach to family law; one that prioritises closure, dignity and the welfare of those most affected.

 

SUSHILA RAM VARMA

Advocate & Chief Consultant

The Indian Lawyer & Allied Services

 

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