SC exercises inherent powers to annul marriage of estranged couple residing separately for 22 yrs

NEW DELHI, Oct 9:
The Supreme Court has exercised its inherent powers under Article 142 of the Constitution to annul a marriage of an estranged couple, residing separately for over two decades, saying it was a case of irretrievable break down of wedlock.
All efforts to continue the marriage have failed and there is no possibility of re­-union because of the strained relations between the parties, the top court said.
A bench of Justices Sanjay Kishan Kaul and M R Shah said that it appears that marriage between the husband and the wife has “irretrievably broken down” as they have been residing separately for last 22 years and it will not be possible for them to live together.
“Therefore, we are of the opinion that while protecting the interest of the respondent ­wife to compensate her by way of lump sum permanent alimony, this is a fit case to exercise the powers under Article 142 of the Constitution of India and to dissolve the marriage between the parties,” the bench said.
The Court, in a series of judgments, has exercised its inherent powers under Article 142 of the Constitution for dissolution of a marriage where the Court finds that the marriage is “totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce could be granted”, the bench said. (PTI)