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“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”
“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court and has served as Chief Justice of two High Courts, Andhra Pradesh and Sikkim High Courts.
“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
by Bijal Ajinkya† and Sachin Bhandawat††
Cite as: 2024 SCC OnLine Blog Exp 5
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.
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
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 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.
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
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: In an appeal filed by the appellant/husband seeking the dissolution of marriage on the ground of cruelty
Chhattisgarh High Court: In a case related to an appeal filed against the decision of the family Court, whereby an
Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by
Delhi High Court: In a matter of dissolution of marriage, the Division Bench of Vipin Sanghi, ACJ and Jasmeet Singh, J., expressed
Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was
Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must