Beyond Traditional Grounds under Hindu Law: Supreme Court’s Power to Grant Divorce on the Ground of Irretrievable Breakdown of Marriage
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
Irretrievable breakdown of marriage
Mutual Consent Divorce under Hindu Law: Cooling-Off Period and Withdrawal of Consent
by Bijal Ajinkya† and Sachin Bhandawat††
Cite as: 2024 SCC OnLine Blog Exp 5
‘Irretrievable break down of marriage’ not a straight-jacket formula for divorce under Article 142: Supreme Court
The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.
Marriage cannot be revived, retaining such a marriage itself a cruelty: Kerala High Court grants divorce
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce
This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.
Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
Punjab and Haryana High Court reiterates marriage is irretrievably break down if parties are living separately for many years
Punjab and Haryana High Court: In an appeal filed by the appellant/husband seeking the dissolution of marriage on the ground of cruelty
Chhattisgarh High Court | Customary divorce reduced into writing followed by separation would be a valid divorce when custom is proved ancient
Chhattisgarh High Court: In a case related to an appeal filed against the decision of the family Court, whereby an
Irretrievable breakdown of Marriage: Chh HC dissolves marriage on appeal filed by husband against trial court order
Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by
Irretrievable Breakdown of Marriage | Husband and wife, two pillars of family, if one gets weak or breaks, whole house crashes down: Del HC
Delhi High Court: In a matter of dissolution of marriage, the Division Bench of Vipin Sanghi, ACJ and Jasmeet Singh, J., expressed
Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs
Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was
Del HC | Is making false allegation of impotency by wife against husband a ground for decree of divorce? Court determines
Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting
Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must
Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years
Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that
Del HC | Divorce granted on grounds of causing wrongful incarceration of husband coupled with irretrievable breakdown of marriage
Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ. allowed an appeal filed by the husband against the decision of
Madras HC 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 the irretrievable breakdown
Madras HC| “Delay in disposal of maintenance petitions is human (woman) suffering”
Madras High Court: A Single Judge Bench comprising of P. Devadass, J. directed Family Court Chennai to dispose of the interim petition