Where matrimonial disputes result in complete breakdown of marriage accompanied by prolonged, vexatious and multi-forum litigation, the Supreme Court, in exercise of powers under Article 142 of the Constitution, may dissolve the marriage and grant comprehensive relief including quashing of all proceedings, awarding lump sum permanent alimony @ Rs,5 crores, regulating custody and restraining future litigation, in order to secure complete justice and finality.

advocatemmmohan

Constitution of India — Article 142 — Matrimonial dispute — Irretrievable breakdown — Dissolution of marriage —

Where parties are embroiled in prolonged matrimonial discord marked by acrimony, multiplicity of proceedings and complete breakdown of relationship, rendering marriage dead for all practical purposes — Supreme Court justified in dissolving marriage in exercise of Article 142 to do complete justice.

(Paras 53–56, 62(i))

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Article 142 — Complete justice — Quashing of all proceedings — Scope —

Supreme Court, to bring quietus to dispute, can quash all pending civil, criminal and miscellaneous proceedings between parties, including FIRs, complaints and proceedings against relatives and even advocates, where such proceedings arise out of matrimonial discord and are found to be vexatious and oppressive.

(Paras 53–56, 62(ii))

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Maintenance — Non-compliance — Conduct of husband — Effect —

Persistent default in payment of maintenance and deliberate attempts to frustrate execution proceedings by filing multiple litigations constitute contumacious and evasive conduct, justifying grant of comprehensive financial relief.

(Paras 19–22, 53, 59, 62(v))

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Article 142 — Permanent alimony — Lump sum settlement —

In order to secure financial stability of wife and children and to avoid prolonged litigation, Court may award consolidated lump sum covering past, present and future maintenance, child support and litigation expenses.

(Paras 60–62(v))

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Child custody — Welfare of children — Paramount consideration —

Welfare of minor children being paramount, custody granted to mother, with structured visitation rights to father including periodic access and shared vacation custody.

(Paras 57, 62(iii))

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Parental responsibility — Cooperation for child welfare —

Father directed to cooperate in matters concerning child’s passport/official documentation — failure to comply may invite coercive action including contempt.

(Para 62(iv))

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Residence — Conditional relief — Vacation of premises —

Wife permitted to retain possession of matrimonial residence subject to condition of vacating the same upon receipt of full settlement amount, in terms of undertaking furnished to Court.

(Para 62(vi))

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Conduct of litigant — Abuse of process — Effect —

Initiation of numerous proceedings against spouse, relatives and legal representatives reflects vindictive misuse of judicial process, warranting strong intervention and consolidation of disputes by Supreme Court.

(Paras 53–54)

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Article 142 — Moulding of relief — Comprehensive jurisdiction —

Supreme Court may mould relief comprehensively to include dissolution of marriage, quashing of proceedings, financial settlement, custody directions and future restraints, to ensure complete justice and finality of litigation.

(Paras 56, 62)

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Undertaking — Future litigation restraint —

Party directed not to initiate further civil or criminal proceedings against spouse, relatives or advocates — breach of undertaking to entail serious consequences.

(Para 62(vii))

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RATIO DECIDENDI

Where matrimonial disputes result in complete breakdown of marriage accompanied by prolonged, vexatious and multi-forum litigation, the Supreme Court, in exercise of powers under Article 142 of the Constitution, may dissolve the marriage and grant comprehensive relief including quashing of all proceedings, awarding lump sum permanent alimony @ Rs,5 crores,  regulating custody and restraining future litigation, in order to secure complete justice and finality.