RINKU BAHETI V. SANDESH SHARDA (2024)

CASE NAME:

RINKU BAHETI V. SANDESH SHARDA (2024)  

COURT–SUPREME COURT OF INDIA   

YEAR–2024  

CITATION – 2024 INSC 1014  

INTRODUCTION  

This case focuses on the concept of the irretrievable breakdown of marriage also known as the concept of No- Fault means that neither party has to prove that other party is fault .   

Concept of irretrievable breakdown marriage Which means it is the situation where the relationship has broken and there is no hope of reconciliation of the marriage or relation arising in the marital relationship and there is no hope of harmony in the relation this case highlights the approach to divorce and willingness to unified  concept of irretrievable breakdown of marriage as a valid ground for dissolution of marriage this concept is applicable on the exceptional cases in the absence .  

Absence of the provision as well. In India the marriages are governed by the Hindu Marriage Act 1955 and in some circumstances by special Marriage Act 1954 sometimes marital relation undergo a situation where the parties may not wish to continue or parties living apart prolonged in this case the court invoke it’s extraordinary powers under article 142 (1)  of the constitution of India Give the Supreme Court in the exercise of it’s jurisdiction may pass such  decree as is necessary for doing complete justice in any case .  

CASE BACKGROUND  

The husband had filed 3 divorce petition out of which first 2 was dismissed all withdrawal the 3rd petition was filed under the section 13( 1)( ia)of the Hindu Marriage Act ,1955 it was the subject transfer petition the petitioner file the complaint against the respondent and his family under  Indian Penal Code (IPC) section 498(A)  (cruelty ) , (376) rape , (377) unnatural offences and IT Act . Further Rinku Baheti, petitioner filed transfer petition under section 25 of the court of civil procedure( CPC)which seeks to move the divorce proceedings filed by the respondent husband Sandesh sharda from Bhopal to Pune . During the pendency of the transfer petition the filed an application under the article 142 (1) of the constitution of India  requested the resolution of the marriage the marriage was  solemnizzed July 31 ,  21/2021, this was the second marriage for both the parties there was no harmony in the marital relation largely over the involvement of the husband with their children, ex wife and father. Resulting in multiple litigations including criminal complaints allegations on cruelty, rape on the family. In an overview the facts of the case is the matrimonial dispute in India including misuse of legal provision and balancing equity and alimony this case also addresses the issues like transfer petition, breakdown of marriage and equitable use of article 142(1) of the constitution of India.   

FACT OF THE CASE  

The fact of the case are that the application was filed by the respondent against the petitioner wife the petitioner and respondent got married on 31/07/2021 as per the Hindu Marriage Act and rituals at Pune it was second marriage for both the parties the respondent had obtained a divorce from his first wife on 9/11/20 the respondents said that his first marriage was subsided for 2 decades and has 2 children from his first marriage the respondent is a citizen of USA and his employed in business of the it consultancy services in USA.  The petitioner wife Is a post graduate has degree in finance and further studied in new naturopathy and yogic sciences and the parties had met through the matrimonial portal in May ,2020 and decided to get marry each other after few months after sometime the petition and respondents started having marital discord largely over the issues of continued  respondent’s involvement with his children, ex wife and ailing father the respondent’s suggested the idea of separation by mutual consent which was not acceptable to the petitioner the petitioner submitted the complaint at police station habibganj before magistrate first class Bhopal under Section 200 of crpc 1973, alleging that as resulting the constant fights between the parties the petitioner had been subject subjecting the respondent to mental cruelty by threatening him like taking her own life filing false criminal cases against the respondent and his family.   

After some time on first a 2022 the responding filed divorce petition before the family court Bhopal under section 13 (1)of the Hindu Marriage Act 1955. But this petition was dismissed and withdrawn just before withdrawing this petition the party is file second petition of divorce by mutual consent under section 13 b clause one of the Hindu Marriage Act before family court at Bhopal Madhya Pradesh the petitioner alleged that respondent has fraudulently obtained her signatures on the second divorce petition. This said divorce was also dismissed on the ground that petition had that parties had not completed the period of separation of one year as per the 13 as per the section 13 we clause one of the Hindu Marriage Act subsequently on 14^th September 2022 the respondent file 3^rd divorce petition under section 13(1) (ia) of the Hindu Marriage Act seeking divorce from the petitioner on the ground of cruelty this said petition was also subjected of the present transfer petition before this court .  

later the petition was also filed 2 criminal cases under the punishable offences under section 360,427,452,454 and 457 of the IPC against an employee of the respondent and his father ,  another was under  section 354, 376, 377,  498 A ,  503, 506, 509 of the IPC and section 66 and 67 of the it Act 2000 against the respondent and his father  . when the second FIR  was filed with the petitioner on the same day when she was scheduled to appear before the family court in the divorce case filed by the respondent husband subsequently respondent was arrested on the 25 December 2022 from the International Airport at Mumbai while leaving for the USA and was in custody for almost a month. 

After lots and lots of petition pendency in the case the respondent has filed the application under article 142 (1) of the constitution of India seeking dissolution of marriage between the parties on the ground of irretrievable breakdown of marriage.   

SIGNIFICANT LEGAL ISSUES  

Ground of divorce – the  court found that there was no There was no hope of reconciliation of the marriage.  

• COHABITATION – parties live together for 3–4 months    

• DIVORCE PETITION – The respondent – husband filed 3 divorce petition within 34 days which reflects his intention to end the marriage .  

• CRIMINAL COMPLAINTS –The petitioner – 5 filed FIR against the husband and his family including allegations of rape cruelty kidnapping mischief and unnatural offences under IPC Indian Penal Code the husband was arrested for a month in custody

2) Equitable use of article–  the court exercised extraordinary powers under article 142 (1) of the Indian constitution grant a decree of divorce mentioning that forcing the parties to continue their marriage would impose undue hardship and serve no meaningful meaningful purpose relying upon the case Shilpa shailesh judgment the referred that irretrievable breakdown of marriage could serve as a valid ground for divorce in exception cases.   

COURT VERDICT  

In this case the court dissolved the marriage between the parties and asked the husband to pay ₹12,00,00,000 as permanent alumni to the wife the court states that maintenance law laws are for strengthening the destitute or achieve social justice the court role as equitable problem solver and providing balance justice by using equitable use of article 142(1)  of the  Indian constitution . The court  directed to the   petitioner was directed to vacate her father- in- law’s properties in Pune and Bhopal within 2 months of receiving alumni the Supreme Court quashed the criminal proceedings filed by the petitioner observing that these laws are made to secure the rights of the women in the society not to misuse these laws in matrimonial disputes.  

LEGAL REASONING  

In the case of of Rinku Baheti v. sandesh sharda  the reasoning is that there should not be the misuse of gender specific legal provisions  and determination of permanent alimony in matrimonial disputes the court emphasis that the law should not be used as a tool of negotiation or to make under influence on the husband and his family . The judgement also provides the clarity on how permanent alimony should be calculated mentioning that it sholud not   aim to equalize wealth but to ensure that the dependent spouse can maintain a standard of living similar to that during the marriage .  

IMPACT ON THE SOCIETY 

The case brought attention to the misuse of gender – specific laws such as Section. 498A, 376, and 506 of the Indian penal code, which are for the protection of women from abuse and exploitation . The misuse of such laws not only undermines their legitimacy but also diverts resources away from addressing genuine case of abuse.   

This case impacts largely the future marital disputes which encourages the matrimonial disputes  ensuring protective laws and alimony are used Fairley and judiciously.  

PERSONAL ANALYSIS  

In this case my analysis is that the such misuse of the provision not only undermines the intent of these protective laws but also clogs the judicial system with frivolous attention on the cases , diverting attention from the genuine instance of abuse . Also sets an example for the parties involved in such disputes , promoting accountability and fairness in legal process .   

CONCLUSION  

This judgement aims to prevent the exploitation of legal safeguards and ensure that they serve their true purpose of providing justice and protection to those who genuinely in need .  

REFERENCE(S):  

• Rinku Baheti v. Sandesh sharda 2024 supreme court judgement available at : https://www.thelaws.com/encyclopedia/browse/case?caseId=004202350100&title =rinku-baheti-vs-sandesh-sharda  

• Rinku Baheti v. Sandesh sharda 2024 supreme court judgement , law , available at : https://desikaanoon.in/supreme-court-irretrievablebreakdownmarriage/#google_vignette

• Indian constitution art. 142 (1)  

• Rinku Baheti v. Sandesh sharda 2024 judgement available at: https://lexspeak.in/2024/12/supreme-court-grants-divorce-on-groundsofirretrievable-breakdown-of-marriage/