Neha Lal vs Abhishek Kumar

2026 INSC 73 REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRL.) NO.338 OF 2025

WITH

(I.A.No.200539 of 2025 – Application under Article 142 of the Constitution of India seeking dissolution of the marriage – filed by petitioner-wife)

NEHA LAL … Petitioner (s)

VERSUS

ABHISHEK KUMAR … Respondent(s)

JUDGMENT

Rajesh Bindal, J.

1. The present petition was filed by the petitioner-wife praying

for transfer of an application filed by respondent-husband under Section

340 CrPC bearing Misc. Crl. No.7 of 2019 in MT No.853 of 2018,

seeking initiation of proceedings against petitioner for offence of perjury, Signature Not Verified

from Family Court, District East, Karkardooma Courts, Delhi to Family Digitally signed by DEEPAK SINGH Date: 2026.01.20 15:18:18 IST Reason:

Court, Lucknow, Uttar Pradesh. The transfer is sought on the grounds

Page 1 of 34 that the petitioner is suffering on account of number of cases pending

between the parties; for the case in question, the petitioner will have to

travel from Lucknow to Delhi; she is not getting any maintenance and

has no place to stay at Delhi and that the proceedings initiated by the

respondent, in most of the cases, are frivolous.

1.1 The respondent has filed his counter affidavit denying the

allegations. He has his own version of the matrimonial dispute, which

has reached a stage where both the parties are into multiple litigation.

2. Some good sense prevailed, when on 22.07.2025, the

parties requested for reference of dispute to the Mediation Center of this

Court. The matter was directed to be listed on 14.10.2025. As is evident

from I.A. No.176081 of 2025 filed by the respondent, the process of

mediation probably could not even take off. On the request of the

parties, the date of hearing was preponed, and the main case was

directed to be listed on 18.08.2025.

2.1 On the next date of hearing, the learned counsel for the

petitioner pointed out that an application under Article 142 of the

Constitution of India has been filed seeking dissolution of marriage

between the parties. However, the same was not available on file. The

order passed on that date recorded that the respondent, who appeared

in-person, sought time for filing reply to the application as he had

Page 2 of 34 received a copy thereof. His reply was filed stating that no mutual

settlement was arrived at between the parties and that there are divorce

proceedings already pending before Trial courts at Delhi and Lucknow.

Sum total was that the respondent did not agree to the proposal of the

petitioner for grant of divorce by invoking jurisdiction of this Court under

Article 142 of the Constitution of India.

3. At the time of hearing, on 28.10.2025, learned counsel for

the petitioner had handed over a note mentioning list of cases filed by

the parties against each other. Some of these have been disposed of

whereas some are still pending. A copy thereof was supplied to the

respondent, who was present in-person in the Court.

4. The argument raised by learned counsel for the petitioner

was that the marriage between the parties had taken place on

28.01.2012 and the petitioner had left the matrimonial home after 65

days of the marriage on account of cruelty inflicted by the respondent

and his family members. They have been living separately for the last

more than a decade. Considering the fact that both the parties have

been indulging in litigations one after the other, it is a case of

irretrievable breakdown of marriage in which this Court can exercise its

extra ordinary jurisdiction under Article 142 of the Constitution of India

and dissolve the marriage. Reliance was placed upon Constitution

Page 3 of 34 Bench Judgment of this Court in Shilpa Sailesh vs Varun

Sreenivasan1.

5. On the other hand, the respondent, who appears in-person,

raised strong objection to the prayer made by the petitioner. He

submitted that his entire life has been ruined because of false and

frivolous cases filed by the petitioner. No doubt, they stayed together for

few days but the reason for the petitioner for leaving the matrimonial

home is not what she claims. Immediately after she left home, she filed

application under Section 125 of the Code of Criminal Procedure before

the Family Court, Karkardooma, Delhi, seeking maintenance. Most of the

cases filed by her have resulted in their dismissal. It shows the conduct

of the petitioner. She just wants to harass the respondent. He is just

contesting various cases filed by the petitioner with no job. On account

of perjury committed by the petitioner, respondent filed applications

under Section 340 CrPC/Section 379 BNSS, which are pending. As

there is likelihood of conviction in these cases, the petitioner to save

herself, has come up with an application under Article 142 of the

Constitution of India seeking dissolution of marriage. He further

submitted that the petitioner is well settled in life. She is working in the

company of her sister and earning about ₹1,60,000/- per month. She

1 2023 INSC 468 : (2023) 14 SCC 231

Page 4 of 34 has enough money to harass the respondent, whereas he does not have

anything to pay or to even engage a lawyer. He is contesting his cases

by appearing in-person.

6. Heard learned counsel for the petitioner and the respondent,

who appeared in-person, on the application filed by the petitioner under

Article 142 of the Constitution of India seeking dissolution of marriage.

7. The marriage between the parties was solemnized on

28.01.2012. It is not in dispute that the parties are living separately since

02.04.2012. The reasons claimed by both the parties are different. Filing

of the Transfer Petition before this Court is one part. Besides that,

parties have filed number of cases against each other. The list was

furnished by the counsel for the petitioner before this Court.

8. The list, as furnished in this Court, was apparently

incomplete as many details were missing. The matter was directed to be

listed again. On 21.11.2025, request was made to the parties to furnish

complete list of cases. The details of cases, as furnished by the counsel

of the petitioner-wife on 21.11.2025, are extracted below:

TRIAL COURTS

Sl. Cause Title Reference Status NDOH Date of No. Filing

1. Neha Lal vs HMA No.229/2017 Dismissed Abhishek Divorce Case vide Order dt Kumar 04/04/2019

Page 5 of 34

2. Neha Lal vs Ct Case No.50221/2016 Disposed off 21/07/2012 Abhishek 12 and 23 of DV Act vide Order Kumar dated 06/08/2024

3. Abhishek 28 DV Act r/w Art 21 of Dismissed Kumar vs Constitution of India vide Order Neha Lal dated 06/08/2024

4. Abhishek 25(2) r/w 28 DV Act and Dismissed Kumar vs Art 14 & 21 of vide Order dt Neha Lal Constitution of India 07/11/2022

5. Abhishek Cr Revision No.31/2023 Dismissed Kumar vs Against Order dt vide Order dt Neha Lal 07/11/2022 of DV Act 06/04/2023

6. Neha Lal vs MT No.853/2018 (2012) Disposed Abhishek 125 CrPC vide Order dt Kumar 07/02/2019

7. Abhishek MT No.151/2021 Misc Hearing 07/01/2025 10/03/2021 Kumar vs Application u/s 127(2) Neha Lal r/w 125(4) CrPC [Pending before Principal Judge, Family Court, East District, Karkardooma, Delhi]

8. Abhishek MT No.151/2021 Dismissed 01/07/2024 Kumar vs Application u/s 24 HMA vide Order dt Neha Lal 20/01/2025

9. Abhishek MT No.151/2021 Pending 09/12/2025 03/02/2025 Kumar vs Application u/s 144 Neha Lal BNSS [Pending before Principal Judge, Family Court, East District, Karkardooma, Delhi]

10. Abhishek MT No.151/2021 Pending 12/11/2025 03/08/2024 Kumar vs Application u/s 379 Neha Lal BNSS r/w 215 BNSS, 2023 [Pending before Principal Judge, Family Court, East District, Karkardooma, Delhi]

11. Abhishek MT No. 151/2021 Dismissed 24/05/2022 Kumar vs Application u/s 10 Family vide Order dt Neha Lal Court Act 20/03/2023

12. Abhishek Misc Crl 7/2019 Misc 10/12/2025 06/03/2019 Kumar vs Application u/S 340 Arguments Neha Lal CrPC in MT No.853/2018 stage [Pending before Principal Judge, Family Court, East District, Karkardooma, Delhi]

13. Neha Lal vs Ex Crl No.12/2021 Misc 08/01/2026 22/12/2020

Page 6 of 34 Abhishek [Pending before Principal Kumar Judge, Family Court, East District, Karkardooma, Delhi]

14. Neha Lal vs Ex Crl No.104/2023 Misc 08/01/2026 29/03/2023 Abhishek [Pending before Principal Kumar Judge, Family Court, East District, Karkardooma, Delhi]

15. Neha Lal vs Ex Crl No.208/2024 Misc 08/01/2026 12/04/2024 Abhishek [Pending before Principal Kumar Judge, Family Court, East District, Karkardooma, Delhi]

16. Neha Lal vs Pandav Nagar PS Case Husband 28/08/2012 Abhishek No.361/2012 acquitted Kumar & u/s 498A/406/34 IPC vide Order Ors dated 07/03/2020

17. Neha Lal vs Application u/s 156(3) for Tagged with 28/09/2012 Abhishek registration of a fresh Pandav Kumar & case u/s 313 & 120B IPC Nagar PS Ors Case No.361/2012

18. Abhishek Complaint Case Application Kumar vs No.9151/2014 u/s 482 Neha Lal Ghaziabad Court u/s pending 323, 504, 506 IPC before [Pending before ACJM Allahabad Court No.7, Ghaziabad, HC UP] [16285/2019]

19. Abhishek Criminal Case Appearance 26/03/2013 Kumar No.11372/2016 (Informant) Arising out of Neha Lal & Indirapuram PS Case Ors No.500 of 2013 (u/s 406, (Accused) 323, 504 IPC) [Pending before CJM, Ghaziabad, UP]

20. Abhishek Criminal Case Appearance Kumar 8241/2019 (Informant) Arising out of Neha Lal Indirapuram PS Case (Accused) No.501 of 2013 (u/s 406, 323, 504 IPC) [Pending before ACJM Court No.8, Ghaziabad, UP]

21. Abhishek CT Cases 1437/2016 Dismissed Kumar vs (u/s vide Order Neha Lal 191/193/194/195/211/471/ dated 120B IPC) 03/05/2023

22. Abhishek Cr Revision 125/2023 Dismissed 24/05/2023

Page 7 of 34 Kumar vs (Against Order dated vide Order Neha Lal 03/05/2023 in Ct dated 1437/2016) 24/12/2024

23. Neha Lal Vs Matrimonial Case Pending for 03/01/2026 Abhishek 2238/2024 appearance Kumar (Divorce u/s 13 HMA) of [Pending before Addl. Respondent Principal Judge, Court No.9, Lucknow, UP]

24. Abishek HMA No 1866/2025 Withdrawn Kumar vs (Divorce Case u/s 13 of vide Order Neha Lal HMA) dated 11/07/2025

25. Abhishek HMA No 1244/2025 Notice issued 16/12/2025 25/07/2025 Kumar vs (Divorce Case u/s 13 of on Neha Lal HMA) 08/08/2025 [Judge Family Court, North Rohini Courts, Delhi]

HIGH COURT

Sl. Cause Title Reference Status NDOH No. (Case No.)

1. Abhishek Kumar CRL REV No 441/2019 Pending 12/01/202 vs Against Judgment dt 6 Neha Lal 07/02/2019(Maintenance) [Pending before Delhi High Court]

2. Abhishek Kumar WP(CRL) No 1025/2023 Dismissed vs Against Order dt 20/03/2023 vide Order Neha Lal passed in MT No 151/2021 dated 01/08/2025

3. Abhishek Kumar WP(CRL) No 1217/2023 Disposed of vs Against Order dt 06/04/2023 vide Order Neha Lal passed in Cr Revision No dated 31/2023 and quashing of Ct 29/01/2024 Case No 50221/2016

4. Abhishek Kumar CRL M C No 1504/2023 Disposed of vs Against Order dated 13/11/2017 vide Order Neha Lal (Interim Maintenance Order) dated 23/02/2018

5. Abhishek Kumar WP (CRL) No2758/2024 Pending 10/12/202 vs Against the Judgment & Order 5 Neha Lal dated 06/08/2024) [Pending before Delhi High Court]

6. Abhishek Kumar CRL M C No 562/2025 Dismissed as vs Against Order dated 24/12/2024 Withdrawn Neha Lal vide Order

Page 8 of 34 dated 12/02/2025

7. Abhishek Kumar WP (CRL) No 735/2025 Dismissed vs Against Order dated 24/12/2024 vide Order Neha Lal 14/08/2025

8. Neha Lal & Anr Application u/s 482 16285/2019 Pending vs Abhishek (Allahabad High Court) Kumar & Anr Quashing of CC No 9151 of 2014 & Order dt 12/12/2018 [Pending before Allahabad High Court – Allahabad Bench]

9. Neha Lal & Ors v Application u/s 482 (Allahabad Disposed State & Anr High Court) Quashing

8.1 A list of cases was also filed by the respondent-husband on

24.11.2025, wherein certain new cases, pending as well as disposed of,

came to light.

8.2 The details of additional cases which are pending between

the parties, as per the list filed by the respondent-husband on

24.11.2025, are extracted below:

Pending Before Sl. Under Remarks/ Case No. The Filed by Status No. Section Filed on Notes Hon’ble Court 05.11.2024 Family Petitioner / Pending Filed in MT Section Court, Neha Lal No.151/2021.

379 BNSS East Separate Case application District, number is not Delhi assigned. (Old Code Section Counter blast 340 case to the Cr.P.C.) respondent’s 340 Cr.P.C. application. Filed on subjective beliefs of typographical error made in daily order, without producing any

Page 9 of 34 cogent evidence. Filed in MT No. – 853/2018 (2012) much earlier to the pronouncement of judgement on 07.02.2019.

Separate Case number is not assigned.

Filed for fabrication of financial affidavit, concealments Section Family of vital material MT No.- 340 Court, Respondent facts and 03. 853/2018 Cr.P.C. 31.08.2015 East / Abhishek Pending documents, and (2012) Applicatio District, Kumar false averments n Delhi on affidavit under oath.

Pending adjudication since last more than a decade huge period of time.

Kindly refer Counter affidavit to TP Page No.- 43, Para No.- 62 and Annexure- A14 over Page No.- 235. Filed for absolutely making several false CRL MA Hon’ble Section Respondent averments on No. – 10.12.201 Delhi Pendin 12 340 / Abhishek affidavit under 42585/201 9 High g Cr.P.C Kumar oath in reply to 9 Court the revision petition by Petitioner/Neha Lal. 15 CRL MA Section 26.09.202 Hon’ble Respondent Pendin Filed for the No. – 528 5 Delhi / Abhishek g modification of 29967/202 BNSS High Kumar order by way of 5 Court expunction/ (Old removal of the Code 482 remarks made Cr.P.C) in the order dated 01.08.2025

Page 10 of 34 passed in WP (Crl) No. – 1025/2023.

Petitioner has concealed this present case.

8.3 The details of additional cases which are disposed of

between the parties, as per the list filed by the respondent-husband on 24.11.2025, are extracted below:

Sl. Date of Remarks/ Particulars of Case Filed By No. Filing Notes/Status Closed. Kindly refer Counter to TP Page No. – 66, Annexure- A1 Colly. A Complaint before Delhi Petitioner/ Petitioner has 02 Mahila Aayog, Near ITO 19.06.2012 Neha Lal deliberately Delhi concealed the said fact in her chart dated 21.11.2025 before this Hon’ble Supreme Court.

Closed. After investigation it turned out as a false complaint.

Petitioner has deliberately concealed the said Police complaint before PS Petitioner/ fact in her chart 03 23.06.2012 Madhu Vihar, Delhi. Neha Lal dated 21.11.2025 before this Hon’ble Supreme Court.

Kindly refer Counter to Affidavit Page No. – 69, Annexure- A1 Colly.

06 Another Complaint before Petitioner/ 13.09.2012 Closed. Police at CAW CELL (East) Neha Lal Kindly refer Counter Delhi. to TP Page No.-

Page 11 of 34 151 third paragraph of the DELHI Police report.

Petitioner has deliberately concealed the said fact in her chart dated 21.11.2025 before this Hon’ble Supreme Court

Closed.

Both wife and mother-in-law has demanded Rs 10 Lakhs from me.

Petitioner has Petitioner/ deliberately A complaint under Section Neha Lal and concealed the said 08 200 Cr.P.C for criminal 28.09.2012 her mother Smt. fact in her chart defamation. Prity Lal dated 21.11.2025 before this Hon’ble Supreme Court.

Kindly refer Counter to TP Page No. – 84, Annexure- A1Colly.

Closed. Ad interim An interim Application for Petitioner/ Maintenance was 10 20.07.2012 monthly allowance. Neha Lal awarded to petitioner/ Neha Lal.

12 Execution Application Petitioner/ 21.08.2017 Closed vide order against interim Neha Lal dated 28.01.2019. maintenance order. Respondent/husban EX No. – 84/2018 d has made excess (Ex No. – 158/2017) payment of Rs 24,404/- than the claimed amount in said execution proceeding to wife.

Petitioner has deliberately concealed the said fact in her chart

Page 12 of 34 dated 21.11.2025 before this Hon’ble Supreme Court

Closed.

Hon’ble Mahila Court has dismissed the said application of petitioner. Application Under Section 311 Cr.P.C in the complaint Petitioner/ 13 15.03.2024 Petitioner has of Section 12 of PWDV Act Neha Lal deliberately 2005. concealed the said fact in her chart dated 21.11.2025 before this Hon’ble Supreme Court

Closed.

Hon’ble Mahila Court has dismissed the said application Application under Section after hearing both 319 Cr.P.C in the trial of Date is parties on merits. 498A IPC FIR Case for Petitioner/ 14 unknown to summoning of other Neha Lal Petitioner has relatives of respondent/ respondent deliberately husband. concealed the said fact in her chart dated 21.11.2025 before this Hon’ble Supreme Court

Closed. WP (CRL) No. – 1469/2012 It was withdrawn Respondent/ with liberty. 15 Prayed for Quashing of 10.10.2012 Abhishek Kumar Disposed of as not 498A IPC FIR before pressed. Hon’ble Delhi High Court. Closed. Criminal Revision No.- 176/2016 before Hon’ble ASJ Court, East District, On 26.12.2016 the KKD Courts Delhi. Hon’ble ASJ Court has precisely Respondent/ observed that no 17 Preferred Being dissatisfied 05.03.2016 Abhishek Kumar ground to interfere with the Impugned order of charge framing under with the impugned Sections 498A/406 IPC order and dismissed against Husband. the said criminal revision.

Page 13 of 34 Closed

On 13.02.2019 Hon’ble Delhi High Court has dismissed the said case CRL MC No. 440/2017 is thereafter SLP (Crl.) filed before the Hon’ble No. - 2925/2019 Delhi High Court being Respondent/ was filed. 19 aggrieved with the Hon’ble 02.02.2017 Abhishek Kumar ASJ Court revisional order Petitioner has seeking quashing of framed deliberately charges and charge sheet. concealed the said fact in her chart dated 21.11.2025 before this Hon’ble Supreme Court.

Closed. On 07.05.2018 Crl MC No. – 1504/2018 Hon’ble Delhi High Court has ordered respondent/husband Filed before Hon’ble Delhi Respondent/ to Pay Rs 2 Lakhs to 21 High Court in which interim 21.03.2018 Abhishek Kumar petitioner and further maintenance order of directed to conclude Hon’ble Family Court dated the trial in 125 Cr.P.C 17.07.2015was challenged. case in three months and dispose of the said application. Closed. Hon’ble Delhi High Court has asked a Status report from the Hon’ble Mahila Court thereafter disposed of the writ WP (Crl.) No. – 2067/2019 petition with directions to After dismissal of SLP (Crl.) consider/ point out No. – 2925/2019 this the contradictions in present writ petition was Respondent/ the statements of 23 24.07.2019 filed before the Hon’ble Abhishek Kumar petitioner/ Neha Lal Delhi High Court seeking and conclude the quashing of charges and Trial in six months chargesheet of Section on 17.09.2019. 498A IPC. Petitioner has deliberately concealed the said fact in her chart dated 21.11.2025 before this Hon’ble Supreme Court.

Page 14 of 34 8.4 As the information regarding the number of cases filed,

disposed of and other particulars thereof was still not found to be

complete, this Court had no choice but to make a request to the

Registrars General of the concerned High Courts to verify the

information furnished by the parties before this Court, as the order

passed by this Court could not be vague or incomplete, and the idea

was to deal with all the issues between the parties and for that purpose

correct details of the cases were required.

8.5 If the list submitted by the petitioner and the respondent is

compared with the information as received from the High Court of Delhi,

the following discrepancies were noticed:

(i) Crl. M.A. No.7920 of 2019 in Crl. Rev. P. No.441 of 2019 was not found in the list provided by the parties, however, finds mention in the list received from the High Court of Delhi.

(ii) Crl. M.A. No.42585 of 2019 in W.P. (Crl.) No.1025 of 2023 was not found in the list provided by the petitioner, however, the case is mentioned in the lists received from the respondent as well as the High Court of Delhi.

(iii) W.P. (Crl.) No.2758 of 2024 is found in all the lists given by petitioner, respondent and the High Court of

Page 15 of 34 Delhi. The only addition in the list received from the High Court of Delhi is that judgment in the case has been reserved.

(iv) Application under Section 379 read with 215 BNSS filed in MT Case No.151 of 2021 was not found in the list provided by the petitioner, however, the case is mentioned in the lists received from the respondent as well as the High Court of Delhi.

(v) The petitioner in the list provided by her, has mentioned MT Case No.151 of 2021 at three places, namely, at serial no.7, 9 and 10. The only difference being that at serial no.10, it is stated to be an application filed under Section 379 read with 215 of BNSS, 2023.

In the list provided by the respondent, in MT Case No.151 of 2021, multiple applications were filed which are stated to be pending.

In the list received from the High Court of Delhi, multiple applications were filed in MT Case No.151 of 2021, out of which two were disposed of whereas three are pending.

(vi) At serial no.2 in the cases before the Family Courts, Delhi District Courts, in the list as received from the High Court of Delhi, case bearing MT No.609 of 2025 filed under Section 144 of BNSS, 2023 is stated to be pending before Family Court, District East, Karkardooma Courts, Delhi. The same is not mentioned in the list provided by the parties.

Page 16 of 34

(vii) Application under Section 340 of CrPC filed in MT No.853 of 2018 was not found in the list provided by the petitioner, however, the case is mentioned in the lists received from the respondent as well as the High Court of Delhi.

8.6 If the list submitted by the petitioner and the respondent is

compared with the information as received from the High Court of

Judicature at Allahabad, the following discrepancies were noticed:

(i) In the list provided by the respondent, reference has been made to the case pertaining to FIR No.501 of 2013 only.

(ii) As per the information received from the High Court of Judicature at Allahabad, common chargesheet is stated to have been filed in Crime Case No.50/2013 and FIR No.501/2013 both the aforesaid cases. In addition, Case No.2012 of 2019 has been mentioned where the proceedings by the High Court have been stayed.

8.7 The information which has been received after verification

from the Registrars General of both the High Courts shows that the

information, as furnished by the parties before this Court, was not

complete.

8.8 As per the information received from the High Court of

Judicature at Allahabad and the High Court of Delhi, the following cases

Page 17 of 34 are found to be pending between the parties before the High Courts, the

Family Courts and the District Courts:

HIGH COURT OF DELHI S. No. Case details 1. Crl. Rev. P. No.441 of 2019 DLHC010183702019

2. Crl M.A. No.7920 of 2019 in Crl. Rev. P. No.441 of 2019

3. Crl M.A. No.42585 of 2019 in W.P. (Crl) No.1025 of 2023 4. W.P. (Crl) No.2758 of 2024 DLHC010587772024

ALLAHABAD HIGH COURT S. No. Case details

1. Application U/s 482 No.16285 of 2019 Neha Lal & Anr vs State of U.P. & Anr

FAMILY COURT, DISTRICT EAST, KARKARDOOMA COURTS, DELHI S. No. Case details

1. MT Case No.151 of 2021 u/s 127 CrPC DLET04-000615-2021

2. Application u/s 379 r/w 215 BNSS filed in MT Case No.151 of 2021

3. Application u/s 379 r/w 215 BNSS filed in MT Case No.151 of 2021

4. MT No.609 of 2025 u/S 144 BNSS DLET0400-3646-2025

5. Misc Crl No.07 of 2019 u/S 340 CrPC DLET-04-000505-2019

6. Application u/S 340 CrPC in MT No.853 of 2018

7. Execution Petition Crl. No.12 of 2021 DELET04-001858-2020

8. Execution Petition Crl. No.104 of 2023 DLET04-000976-2023

9. Execution Petition Crl. No.208 of 2024 DLET04-001216-2024

FAMILY COURT, DISTRICT NORTH, ROHINI COURTS, DELHI S. No. Case details 1. HMA No.1244 of 2025 DLNT040019852025

GHAZIABAD COURT, GHAZIABAD, UTTAR PRADESH S. No. Case details Page 18 of 34

1. Case U/s 406, 323, 504 of IPC bearing no.2897 of 2018 (FIR no.50 of 2013 & FIR no.501 of 2013) State vs Neha Lal

2. Case U/s 323, 504, 506 of IPC bearing no.2012 of 2019 Abhishek vs Neha Lal

FAMILY COURT, LUCKNOW, UTTAR PRADESH S. No. Case details

1. Case No.2238 of 2024 u/s 13 of HMA

9. Besides the aforesaid pending cases, the details, as has

been extracted in the previous part of the judgment, show the number of

cases which were filed by both the parties against each other which

have been dismissed or disposed of.

10. The petitioner-wife has invoked the jurisdiction of this Court

to dissolve the marriage between the parties by filing application under

Article 142 of the Constitution of India. It is on the grounds of

irretrievable breakdown of marriage. Otherwise, under the Hindu

Marriage Act, 19552, this is not a ground on which divorce can be sought

or granted.

11. In Shilpa Sailesh’s case (supra), one of the questions

considered by this Court was whether this Court can grant divorce in

exercise of power under Article 142 of the Constitution of India in case of

complete and irretrievable breakdown of marriage. The answer to the

aforesaid question was in positive. This Court considered that

irretrievable breakdown of marriage is not a ground for divorce under the 2 For short “the 1955 Act”

Page 19 of 34 1955 Act, however, the same does not debar this Court to exercise the

power to dissolve a broken and shattered marriage in exercise of its

power under Article 142 of the Constitution of India. It is in the interest of

the society that the marriages, as far as possible, should be maintained.

If there is failure in the efforts for reconciliation and it is found that

marriage has been wrecked beyond the scope of salvage, it is in the

interest of all concerned to recognize that fact and dissolve the marriage,

otherwise the litigation, sufferings by all the parties and the miseries may

continue. This Court held that such discretionary power can be

exercised to do complete justice. Despite opposition by the parties, this

Court can dissolve the marriage if there is no possibility of parties living

together. Continuation of formal legal relationships in such

circumstances would not be justified.

11.1 The relevant factors to be considered by this Court to form

an opinion as to whether the marriage has irretrievably broken down

have been enumerated in paragraph ‘63’ of the aforesaid judgment and

the same is extracted below:

“63. That the marriage has irretrievably broken down is to be factually determined and firmly established. For this, several factors are to be considered such as the period of time the parties had cohabited after marriage; when the parties had last cohabited; the nature of allegations made by

Page 20 of 34 the parties against each other and their family members; the orders passed in the legal proceedings from time to time, cumulative impact on the personal relationship; whether, and how many attempts were made to settle the disputes by intervention of the court or through mediation, and when the last attempt was made, etc. The period of separation should be sufficiently long, and anything above six years or more will be a relevant factor. But these facts have to be evaluated keeping in view the economic and social status of the parties, including their educational qualifications, whether the parties have any children, their age, educational qualification, and whether the other spouse and children are dependent, in which event how and in what manner the party seeking divorce intends to take care and provide for the spouse or the children. Question of custody and welfare of minor children, provision for fair and adequate alimony for the wife, and economic rights of the children and other pending matters, if any, are relevant considerations. We would not like to codify the factors so as to curtail exercise of jurisdiction under Article 142(1) of the Constitution of India, which is situation specific. Some of the factors mentioned can be taken as illustrative, and worthy of consideration.”

(emphasis supplied)

11.2 The specific question framed with regard to exercise of

power under Article 142 of the Constitution of India and the answer

thereto is extracted below:

Page 21 of 34 “(iii) Whether this Court can grant divorce in exercise of power under Article 142(1) of the Constitution of India when there is complete and irretrievable breakdown of marriage in spite of the other spouses opposing the prayer?

x x x

76. This question is also answered in the affirmative, inter alia, holding that this Court, in exercise of power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown. This discretionary power is to be exercised to do “complete justice” to the parties, wherein this Court is satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit together, and continuation of the formal legal relationship is unjustified. The Court, as a court of equity, is required to also balance the circumstances and the background in which the party opposing the dissolution is placed.”

12. Prior to the aforesaid Constitution Bench judgment, in

Rakesh Raman vs. Kavita3, this Court observed that multiple court

cases between the parties and repeated failure in mediation are

testimony of marriage being broken down. Relevant extract from the

judgment is as under:

“15. The multiple Court battles between them and the repeated failures in mediation and conciliation is at least 3 (2023) 3 SCR 552 : 2023 INSC 433

Page 22 of 34 testimony of this fact that no bond now survive between the couple, it is indeed a marriage which has broken down irretrievably.”

13. There are various other instances where this Court, in

exercise of power under Article 142 of the Constitution of India, had

dissolved the marriage on account of irretrievable breakdown

considering the totality of the facts and circumstances in those cases.

This is despite the fact that one of the spouses was not consenting to

the same.

(i) In Vikas Kanaujia vs. Sarita4, this Court passed the decree of divorce on the grounds of irretrievable breakdown of marriage even though the wife was not consenting for passing of such decree.

(ii) Prakashchandra Joshi vs. Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah 5 is a case in which the wife had chosen not to appear before Court despite service. Still this Court found that case to be fit for passing a decree of divorce while proceeding the wife ex-parte.

(iii) In Vineet Taneja vs. Ritu Johari 6, despite objection by the husband, this Court dissolved the marriage in exercise of power under Article 142(1) of the Constitution of India finding that the facts clearly suggested that to be a fit case of irretrievable breakdown of marriage.

4 (2024) 7 SCR 933 : 2024 INSC 517 5 (2024) 1 SCR 697 : 2024 INSC 55 6 MANU/SCOR/93862/2024 : MA No.2009 of 2023 in SLP (C) No.3667 of 2023

Page 23 of 34

(iv) Rinku Baheti vs. Sandesh Sharda7 is another such case where this Court dissolved the marriage in exercise of power under Article 142 of the Constitution of India. The order was passed in a Transfer Petition filed by the petitioner-wife therein. It was a case of second marriage of both the parties.

(v) In Nayan Bhowmick vs. Aparna Chakraborty8, this Court dissolved the marriage in exercise of power under Article 142 of the Constitution of India finding that the parties therein were living separately for more than two decades and there was no sanctity left in their marriage. Grant of divorce was not to have devastating effect on any third party, as there was no child born from the wedlock. The proceedings arose from a divorce petition filed by the husband.

14. The following observation made by this Court in Achin

Gupta vs State of Haryana & Anr 9 which are apt for the situation are

extracted below:

“32. Many times, the parents including the close relatives of the wife make a mountain out of a mole. Instead of salvaging the situation and making all possible endeavours to save the marriage, their action either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about complete destruction of marriage on trivial issues. The first thing that comes in the mind of the

7 2024 INSC 1014 8 2025 INSC 1436 9 (2024) 6 SCR 129 : 2024 INSC 369

Page 24 of 34 wife, her parents and her relatives is the Police, as if the Police is the panacea of all evil. No sooner the matter reaches up to the Police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences are mundane matters and should not be exaggerated and blown out of proportion to destroy what is said to have been made in the heaven. The Court must appreciate that all quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case, always keeping in view the physical and mental conditions of the parties, their character and social status. A very technical and hyper sensitive approach would prove to be disastrous for the very institution of the marriage. In matrimonial disputes the main sufferers are the children. The spouses fight with such venom in their heart that they do not think even for a second that if the marriage would come to an end, then what will be the effect on their children. Divorce plays a very dubious role so far as the upbringing of the children is concerned. The only reason why we are saying so is that instead of handling the whole issue delicately, the initiation of criminal proceedings would bring about nothing but hatred for each other. There may be cases of genuine ill-treatment and harassment by the husband and his family members towards the wife. The degree of such ill-treatment or harassment may

Page 25 of 34 vary. However, the Police machinery should be resorted to as a measure of last resort and that too in a very genuine case of cruelty and harassment. The Police machinery cannot be utilised for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends. In all cases, where wife complains of harassment or ill-treatment, Section 498A of the IPC cannot be applied mechanically. No FIR is complete without Sections 506(2) and 323 of the IPC. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty.”

14.1 In some of the FIRs, the allegations are also made under

Sections 377 and 376 IPC against the family members of the parties.

15. If the facts of the case in hand are examined in the light of

the law laid down by the Constitution Bench of this Court in Shilpa

Sailesh’s case (supra) and the other judgments referred to above, we

find that the marriage of the parties was solemnized on 28.01.2012.

They have stayed together only for a period of 65 days and ever since

then they are into litigation one after another. Once they are residing

separately for more than a decade, there is no question of rehabilitation

and cohabitation. Efforts were also made for reconciliation but failed.

Before this Court too, the matter was referred for mediation vide order

Page 26 of 34 dated 22.07.2025 and fixed for report of the Mediator on 14.10.2025.

However, on an application (I.A.No.176081 of 2025) filed by the

respondent in-person, the date of hearing was preponed as even the

learned counsel appearing for the petitioner also submitted that the

process of mediation could not take off. As a result, there are no

chances for settlement of the dispute.

16. The parties are well qualified. The petitioner, as has been

contended by the respondent, is working in the company of her sister

and earning handsomely. The respondent is also qualified, however, he

has stated that he had resigned from the job of Engineer. The age of the

petitioner is about 38 years and the respondent is about 46 years old. As

the parties hardly stayed together there is no child born from the wedlock

though the respondent claims that petitioner had aborted a child without

his consent, however with no convincing proof.

17. Coming again to the litigation between the parties, we may

add that the details thereof have been noticed in paragraph 8 as above.

Number of cases have been disposed of whereas some are still pending.

18. In the application filed by the petitioner-wife under Article 142

of the Constitution of India, no claim for any alimony has been made by

her. She has prayed for quashing of the proceedings in the cases which

are stated to be pending in different Courts at Delhi, Allahabad,

Page 27 of 34 Ghaziabad and Lucknow. The details of cases, as furnished by the

parties, were verified from the Courts concerned and for passing the

order, we are referring and relying upon the details provided by the

Courts concerned.

19. At the time of arguments, serious objections were raised by

the respondent, who appeared in-person, to the prayer made in the

application filed by the petitioner. He had submitted that the petitioner

has spoiled his life. She had been misrepresenting facts before the

Courts with a motive to mislead for which applications have been filed by

him under Section 340 of CrPC/379 BNSS. He had further submitted

that he does not consent to passing of decree of divorce.

20. From the facts of the case as noticed above, we find this to

be a clear case of irretrievable breakdown of marriage where the parties

do not intend to live together and cohabitate. Rather they may not be

able to reconcile seeing the level of bitterness generated with the

passage of time. They may not have been made for each other. Some

time is taken by the young couples to understand each other and adjust

accordingly. No one can be said to be perfect. Level of tolerance has

gone down while level of ego has risen up. May be the differences were

so much that the couple could stay together only for 65 days and

immediately thereafter litigation started. It may be impossible now to put

Page 28 of 34 the clock back and live together after forgetting the bitterness, which has

been created in last more than a decade.

21. They have indulged into filing more than 40 cases against

each other. Warring couples cannot be allowed to settle their scores by

treating Courts as their battlefield and choke the system. If there is no

compatibility, there are modes available for early resolution of disputes.

Process of mediation is the mode which can be explored at the stage of

pre-litigation and even after litigation starts. When the parties start

litigating against each other, especially on criminal side, the chances of

reunion are remote but should not be ruled out.

22. Practice of law is said to be noble profession. Whenever the

parties in matrimonial dispute have differences, the preparation starts as

to how to teach lesson to the other side. Evidence is collected and, in

some cases, even created, which is more often in the era of artificial

intelligence. False allegations are rampant. As any matrimonial dispute

has immediate effect on the fabric of the society, it is the duty of all

concerned to make earnest effort to resolve the same at the earliest

before the parties take strong and rigid stand. There are mediation

centres in all districts where pre-litigation mediation is also possible. In

fact, it is being explored in number of cases and the success rate is also

Page 29 of 34 encouraging. In many cases, the parties, after resolution of their

disputes, has also started living together.

23. The problem is more after the birth of a child or children.

Many a times, he/she becomes a bone of contention between the

warring parties. His/her custody is another battle which starts before

Court. In many cases, the orders passed by the Courts are not even

complied with.

24. First and the foremost, earnest effort should be made by the

parties and to be guided by the advocates, whensoever consulted in the

process, is to convince them for a pre-litigation mediation. Rather in

some cases, their counselling may be required. Even if a case is filed in

a Court on a trivial issue such as maintenance under Section 144 of

BNSS, 2023 (earlier Section 125 of CrPC, 1973) or Section 12 of the

Protection of Women from Domestic Violence Act, 2005, the first effort

required to be made by the Court is to explore mediation instead of

calling upon the parties for filing replies as allegations and counter

allegations sometimes aggravate the dispute. Even when a complaint is

sought to be registered with the police of simple matrimonial dispute, first

and the foremost effort has to be for re-conciliation, that too, if possible,

through the mediation centers in the Courts, instead of calling the parties

Page 30 of 34 to the police stations. This sometimes becomes a point of no return

specially when any of the parties is arrested, may it be even for a day.

25. In the changing times, the matrimonial litigation has

increased manifolds. Even this Court is flooded with transfer petitions,

mainly filed by the wives, seeking transfer of the proceedings initiated by

their husbands, may be at the first instance or as a counter blast. In such

situations, it is the duty of all concerned including the family members of

the parties to make their earnest effort to resolve the disputes before any

civil or criminal proceedings are launched.

26. However, from the facts noticed above, we find this to be a

case of irretrievable breakdown of marriage, where the parties stayed

together only for 65 days, are separated for the last more than a decade

and have been indulging into litigation one after another. We find this to

be a fit case for exercise of our discretion under Article 142 of the

Constitution of India to dissolve the marriage between the parties. As a

result, by passing the decree, we dissolve the marriage between the

parties. No alimony has been claimed by the petitioner-wife and all her

previous claims stand settled.

27. It is directed that the parties shall not indulge in further

litigation with reference to their matrimonial dispute.

Page 31 of 34

28. Now coming to the cases pending between the parties. All

the cases pending between the parties, as mentioned in paragraph

No.8.8, shall stand disposed of without any further action by them.

However, the following applications filed by the parties raising plea of

perjury shall continue because no one can be permitted to pollute the

stream of justice, as emphasized by this Court in Kusha Duruka vs.

The State of Odisha10. The cases being:

(i) Crl. M. A. No.42585 of 2019 in W. P. (Crl.) No.1025 of 2023 (under Section 340 CrPC)

(ii) Application under Section 379 read with 215 BNSS filed in MT No.151 of 2021

(iii) Application under Section 379 read with 215 BNSS filed in MT No.151 of 2021

(iv) Misc. Crl. No.7 of 2019 filed in MT No.853 of 2018

(v) Application under Section 340 CrPC in MT No.853 of 2018

29. It is clarified that if besides the cases mentioned in the

paragraph 28, any other application(s) filed by the parties either under

section 340 CrPC or under Section 379 read with 215 of BNSS, 2023,

the same shall be dealt with on merits by the concerned Courts and will

not be disposed of, in view of this order passed by this Court.

10 2024 INSC 46

Page 32 of 34

30. A copy of the order passed by this Court shall be sent to the

Courts concerned for taking action as per the direction in this order.

However, if there is any other case arising out of matrimonial dispute,

though not mentioned in the list, but pending, the same shall also stand

disposed of on production of copy of this order by the parties.

31. No further order is required to be passed in the Transfer

Petition and the same is disposed of.

32. In view of the fact that the parties stayed together only for a

period of 65 days and have indulged in numerous litigations for the last

more than a decade apparently with a view to settle scores, in our

opinion, both of them deserve to be penalised with costs, which is

quantified at ₹10,000/- each, as a token amount. Let the cost be

deposited with the Supreme Court Advocates on Record Association.

33. Pending application(s), if any, shall also stand disposed of.

……………….

……………..J. (RAJESH BINDAL)

……………….……………..J. (MANMOHAN) New Delhi;

Page 33 of 34 January 20, 2026.

Page 34 of 34