‘Warring Couples Cannot Treat Courts As Battlefield’: Supreme Court Dissolves Marriage After 65 Days of Cohabitation & 40+ Cases
By Adv. Bhimani Founder “The Law Suits” January 21, 2026
In a significant judgment addressing the growing toxicity in matrimonial litigation, the Supreme Court has dissolved a marriage on the grounds of irretrievable breakdown, lamenting that couples today often treat the judiciary as a “battlefield” to settle personal scores.
The Bench, comprising Justices Rajesh Bindal and Manmohan, observed that the “level of tolerance has gone down while the level of ego has risen” in modern relationships. The Court expressed particular concern over the rampant filing of false allegations and the emerging trend of fabricating evidence using Artificial Intelligence (AI).
Case Background: 65 Days of Marriage, 13 Years of War
The parties, Neha Lal (Petitioner-wife) and Abhishek Kumar (Respondent-husband), were married on January 28, 2012. However, the domestic bliss lasted only 65 days, with the wife leaving the matrimonial home on April 2, 2012, alleging cruelty.
What followed was a decade-long legal saga involving over 40 cases across Delhi, Uttar Pradesh, and the higher judiciary. The litigation web included:
- Divorce petitions under the Hindu Marriage Act.
- Maintenance claims under Section 125 CrPC (now Section 144 BNSS).
- Criminal complaints under Section 498A/406 IPC.
- Domestic Violence Act proceedings.
- Multiple perjury applications under Section 340 CrPC.
AI-Generated Evidence and False Allegations
The Court highlighted a disturbing shift in how matrimonial disputes are conducted in the digital age. Justice Rajesh Bindal, authoring the judgment, noted:
“Whenever the parties in matrimonial dispute have differences, the preparation starts as to how to teach a 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.”
The Court warned that such practices “pollute the stream of justice” and mandated that while the marriage itself may be dissolved to end the parties’ misery, perjury proceedings must continue to maintain the sanctity of the law.
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Mediation as the ‘First Resort’
Critiquing the “mechanical” application of criminal law in domestic rifts, the Bench emphasized that the police should be the last resort. The Court observed that once a party is arrested—even for a single day—it often marks a “point of no return” for any hope of reconciliation.
Key Directions for Courts and Authorities:
- Explore Mediation First: Even in trivial maintenance or domestic violence cases, courts must explore mediation before calling for formal replies.
- Pre-litigation Counseling: Parties and advocates should prioritize pre-litigation mediation at district centers.
- Avoid Arid Legalism: A “very technical and hyper-sensitive approach” to petty quibbles can destroy the institution of marriage.
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Exercise of Power under Article 142
Relying on the Constitution Bench judgment in Shilpa Sailesh vs. Varun Sreenivasan, the Court held that it could grant a divorce despite one spouse’s opposition if the marriage is “wrecked beyond the scope of salvage”.
In this case, despite the husband’s refusal to consent and his claims of life-altering harassment, the Court found that the 13-year separation and the sheer volume of litigation proved the marriage was dead.
Conclusion and Costs
The Court dissolved the marriage but refused to quash the pending perjury applications, clarifying that “no one can be permitted to pollute the stream of justice”. Furthermore, the Court imposed a cost of ₹10,000 each on both parties for clogging the judicial system with their “battlefield” tactics.
Case Details:
- Case Title: Neha Lal vs. Abhishek Kumar
- Citation: 2026 INSC 73
- Court: Supreme Court of India
- Bench: Justice Rajesh Bindal and Justice Manmohan
- Date of Judgment: January 20, 2026
Click here to read and Download the order
In Sincerity, Adv. Sulaiman Bhimani Founder “The Law Suits”
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