Divorce cannot be granted solely on the ground of irretrievable breakdown of marriage.

ORDER :

1. Leave granted.

2. We have heard learned counsel appearing for the parties.

3. As it appears that the High Court was totally wrong in granting the divorce in this matter in the light of the facts and reasoning stated in Paragraph 15 of the Judgment which is quoted hereunder:-

“After having given our anxious consideration on the facts of the case and the principles laid down by the Supreme Court in catena of decisions, we are of the view that any attempt of reconciliation will be futile and it would be in the interest of both the parties to sever the matrimonial ties between the parties, since the marriage has been broken down irretrievably. Following the decisions of the Supreme Court, we are further of the view that since the marriage between the parties is dead for all purposes and there is no chance of its being retrieved, the continuance of such marriage would itself amount to cruelty and accordingly, we hold that the marriage of the appellant and the respondent shall stand dissolved. However, considering the fact that it is the respondent-husband who is adamant not to continue the marital relation, we direct the respondent to pay a sum of Rs.Two lacs by way of permanent alimony to the appellant which shall be the condition for dissolution of marriage. It is also made clear that the respondent shall continue payment of alimony @ Rs.2500/-(Rupees Two Thousand and five hundred only) per month as maintenance for the child.”

4. In our considered opinion, even under the law, the divorce cannot be granted on the ground that marriage has been broken down irretrievably.

5. In view of that, the Order passed by the High Court of Jharkhand cannot be said to be sustainable in the eyes of Law.

6. Hence, we set aside the Order passed by the High Court and remand the matter to the High Court for fresh hearing.

7. The Appeal is allowed in the afore-stated terms.