Contested divorce

Question

► I have been married in 2015 and got separated in 2018 with spouse. Divorce case filed in 2018 December which was dismissed in 2023 stating cruelty not proved. I have appealed in high court. The in-laws demand huge compensation upto 3crore else they won't agree for divorce. Now the case is up for mediation and their stand is not known to me. If this continues the same way will I be able to appeal to supreme court for divorce on the basis of irretrievable breakdown of marriage? Please suggest me, its been more than 6 years am fighting this legal battle.

Answer 1

yes, you can challenge high court order in supreme court but neither in appeal nor in SLP no new ground of divorce can be raised beyond the pleadings made in trial court.

Answer 2

Dear Client,

Regarding your contested divorce case, I understand you've been fighting this legal battle for over 6 years. Here's my advice:

1. Irretrievable Breakdown of Marriage: Yes, you can approach the Supreme Court on the grounds of irretrievable breakdown of marriage under Article 142 of the Constitution. The Supreme Court has, in several cases like Naveen Kohli v. Neelu Kohli (2006) and Shilpa Sailesh v. Varun Sreenivasan (2023), exercised its extraordinary powers to grant divorce when the marriage has irretrievably broken down, even when grounds under Section 13 of the Hindu Marriage Act, 1955 are not satisfied.

2. Mediation: Continue with the mediation process in good faith. Even if your spouse is demanding excessive compensation (₹3 crore), the mediator may help bring realistic expectations to the table. Document all mediation proceedings.

3. Appeal Strategy: If the High Court appeal doesn't succeed, you can file a Special Leave Petition (SLP) under Article 136 before the Supreme Court. The separation period of 7+ years (since 2018) and the previous unsuccessful reconciliation attempts strengthen your case for irretrievable breakdown.

4. Legal Precedents to Cite:
- In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court reiterated that irretrievable breakdown is a valid ground
- Living separately for extended periods is strong evidence of broken marriage

5. Financial Settlement: While your spouse is demanding ₹3 crore, the court will consider reasonable maintenance/alimony based on your financial capacity, their needs, and other relevant factors. Such exorbitant demands are unlikely to be awarded.

6. Next Steps:
- Continue with High Court proceedings
- Maintain all evidence of prolonged separation
- Document failed reconciliation attempts
- If High Court dismisses, immediately prepare SLP for Supreme Court

Please note: This is general legal advice and does not constitute an attorney-client relationship. For specific guidance tailored to your case details, please consult with your advocate directly.

Best regards

Contested divorce

2 Answers