Court considers irretrievable breakdown of marriage as a valid ground for divorce

Madras High Court: A Bench comprising of V.M. Vellumani, J has held in the case of matrimonial dispute regarding irretrievable breakdown of marriage as a ground for divorce valid. In this case the appeal has been filed by the wife claiming for divorce on the grounds of mental cruelty and the fact that both the appellant and respondents have been living separately for more than ten years. The respondent is alleged to be mentally ill as well.

According to Hindu Law, irretrievable breakdown of marriage is not considered as a valid ground for divorce but this court, following the precedents, has held irretrievable breakdown of marriage a valid ground for divorce. To prevent the appellant from more cruelty the appeal of divorce has been allowed by this Court. Furthermore this Court has also dismissed the claim filed by the respondent for the restitution of conjugal rights. [A. Savitha Ujwala v. M.R. Venkatagiri, 2017 SCC OnLine Mad 1459, decided on 25-04-2017]

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