Irretrievable Break Down of Marriage - Divorce | Judgment | Consult Top Law Firm in Delhi

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Irretrievable Break Down of Marriage - Divorce | Judgment | Consult Top Law Firm in Delhi

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Latest news October 03, 2021 320

Divorce on the Ground of Irretrievable Break Down of Marriage : Latest SC Judgment

The Supreme Court recently exercised its powers under Article 142 of the Constitution to grant divorce to a couple on account of irretrievable break down of marriage. The Court noted that the marriage had 'not taken off from the very beginning' and that the couple had been living separately for more than 19 years.

A Bench comprising Justices Sanjay Kishan Kaul and M.M Sundresh observed,

"If the parties have not been able to subserve the very objective of marriage of companionship for each other from the very inception and have been living apart for more than 19 years, we are of the view that if this is not an irretrievable break down of marriage then what would be the situation of that kind"

Pursuant to a perusal of the record, the Court opined that 'there was little doubt; that the couple had problems in their marriage from the very beginning'.

The Bench further placed reliance on a recent judgment of the Apex Court in Sivasankaran vs Santhimeenal wherein it had been held that repeated filing of cases and complaints against a spouse would amount to 'cruelty' for the purpose of granting divorce under Hindu Marriage Act. It had also been observed that there had been disintegration of marital unity thus leading to the disintegration of the marriage.

Opining that the facts of the aforementioned case and the instant case are similar in nature, the Bench observed,

"In the facts of the case, we had found both cruelty made out as also the marriage not having taken off from the very inception for almost 20 years, somewhat similar in the present case. We thus observed that there was disintegration of marital unity and thus disintegration of the marriage and went out to notice that there was no initial integration itself which would really allow disintegration afterwards. The position is not different in this case. We are thus of the view that it is appropriate that the parties formally part company having actually lived apart for about 19 years."

Tags : # NRI Divorce Lawyer in Delhi, # Divorce Lawyer in Delhi

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