Beyond Mutual Consent: Why the Supreme Court Dissolved a "Paper Marriage" and Enhanced Alimony to Rs. 50 Lakhs Using Article 142 Powers.
We often view marriage as a legal contract that can only be dissolved through specific, rigid grounds like cruelty or adultery. But what happens when a marriage is dead in every sense except on paper, yet one partner refuses to let go? A recent Supreme Court of India judgment in Salil Dhawan v. Priyanshi Ghai highlights the court's growing willingness to prioritize "substantive justice" over procedural deadlock.
The Deadlock of the 'Second Motion'In this case, a couple had initially agreed to a mutual consent divorce. The husband paid a significant portion of the alimony, and the first motion was filed. However, the wife later withdrew her consent, refusing to sign the second motion. Under standard family law, this usually leaves the parties in a legal limbo for years. The court observed that while the wife wanted a divorce, she wanted it on her own terms—specifically through a contested petition alleging adultery.
Irretrievable Breakdown as a Judicial ToolThe most impactful takeaway is the Court’s refusal to let a "zombie marriage" continue. Despite the wife's opposition to a decree under Article 142, the Court noted that the parties had lived apart for eight years and were embroiled in a "multiplicity of civil and criminal proceedings". The Court reasoned that forcing them to remain legally wed served no legitimate purpose.
"The ties of matrimony, in every meaningful sense, have long since been severed. In such circumstances, to compel the parties to remain bound in a marriage that exists only on paper would serve no legitimate purpose."The Price of Finality: Alimony Re-evaluation
Interestingly, the Court did not just stick to the previously agreed-upon alimony of Rs. 32 Lakhs. Recognizing the need for the wife's long-term financial security and the husband's capacity as an Army officer, the Court enhanced the permanent alimony to Rs. 50 Lakhs. This demonstrates that when the Court uses its extraordinary powers to dissolve a marriage, it simultaneously acts as a protector of financial interests to ensure "genuine finality" to the litigation.
Cleaning the SlatePerhaps the most practical aspect of this judgment is the "global settlement" approach. Rather than leaving the parties to fight out pending domestic violence and maintenance cases in lower courts, the Supreme Court used its power to quash all related proceedings simultaneously. This "clean break" philosophy is essential for parties to truly move forward with their lives.
This judgment reinforces that while the Hindu Marriage Act does not explicitly list "irretrievable breakdown" as a ground for divorce, the Supreme Court will not hesitate to use its constitutional powers to end a marriage that has lost all its emotional and social substance.
Case: SALIL DHAWAN v. PRIYANSHI GHAI
Law: Constitution of India, Hindu Marriage Act, Code of Criminal Procedure, Protection of Women from Domestic Violence Act, Army Act.
Citation: 2026 INSC 577
Decision Date: 27-05-2026