As per case facts the husband and wife were married in and separated shortly after in 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 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 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 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 - to the wife and minor son

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