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As per case facts, the husband and wife were married in 2008 and separated shortly after in 2009, having one minor son who remained with the wife. The husband filed
...for divorce on the ground of cruelty, alleging abuse of his mother and himself, and an extra-marital affair, all of which the wife denied, accusing the husband of abandonment and abuse. The Family Court and High Court both dismissed the divorce petition, finding the cruelty allegations unsubstantiated and refusing to grant divorce on the ground of irretrievable breakdown of marriage (IBOM) as it would reward the husband for leaving; The question arose whether, given the long separation of over 16 years, the failed mediation, the acquittal of the husband and his family in the connected criminal case, and the continuous animosity, the Supreme Court should exercise its power under Article 142 of the Constitution to dissolve the marriage on the ground of irretrievable breakdown of marriage. Finally, the Supreme Court answered that yes, considering the complete detachment, prolonged estrangement, the husband's acquittal in the cruelty case, and the fact that compelling a defunct marriage to continue only perpetuates mental agony, it was a fit case to exercise its power under Article 142 to grant divorce on the ground of irretrievable breakdown of marriage; the appeal was allowed, the marriage was dissolved, and the husband was directed to pay a composite monthly maintenance of $\text{₹}15,000/-$ to the wife and minor son.
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