"Twelve Years of Separation is a Sufficiently Long Period to Have Sapped All Emotions": Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage

In a recent judgement, the Supreme Court of India has granted a divorce decree to a couple who have been living separately for 12 years, citing "irretrievable breakdown of marriage" as the reason. The Court declared, "Twelve years of separation is a sufficiently long period of time to have sapped all emotions," thereby setting aside the earlier decisions of the Family Court and the High Court.

The appellant, Rajib Kumar Roy, and the respondent, Sushmita Saha, have been married since 2007 but started living separately within three years of their marriage. The couple has a 12-year-old daughter who currently resides with her mother.

The Supreme Court observed, "Continued bitterness, dead emotions and long separation, in the given facts and circumstances of a case, can be construed as a case of 'irretrievable breakdown of marriage,' which is also a facet of 'cruelty'." The Court further noted that keeping the parties together under these circumstances would amount to cruelty on both sides.

In addition to the divorce decree, the Court also directed the appellant to deposit an amount of Rs. 20,00,000 in the account of the respondent for the education of their daughter. The appellant will continue to pay Rs. 15,000 per month as maintenance and will have visitation rights towards his daughter.

The judgement has been hailed as a significant step in recognizing "irretrievable breakdown of marriage" as a valid ground for divorce, thereby providing a legal pathway for couples who have been living separately for extended periods.

Supreme Court concluded by stating, "We hereby grant a decree of divorce on account of irretrievable breakdown of marriage," thereby disposing of the appeal and setting aside the High Court's earlier decision.

Date of Decision: 21-08-2023

RAJIB KUMAR ROY vs SUSHMITA SAHA