Advocates appeared:
For the Appellant(s) : Mr. Vipin Gogia, Adv. Ms. Jaspreet Gogia, AOR Mr. Karanvir Gogia, Adv. Ms. Varnika Gupta, Adv.
For the Respondent(s): Ms. Madhurima Tatia, AOR

Based on the provided legal document, the key points regarding divorce law and the concept of irretrievable breakdown of marriage are as follows:

1. The formula of "irretrievable breakdown of marriage" should not be viewed as a rigid or strait-jacket criteria for granting divorce under Article 142 of the Constitution. The exercise of jurisdiction under this article requires careful and cautious discretion to ensure complete justice for both parties (!) (!) .

2. Grounds such as cruelty and desertion are legitimate and recognized reasons for seeking a divorce under the relevant statutory provisions. Cruelty can be mental or physical, intentional or unintentional, and must be interpreted considering the social, economic, and cultural context of the parties. Each case must be decided on its own merits, with careful consideration of the nature of conduct and its impact on the spouse (!) (!) (!) (!) .

3. The burden of proof lies on the spouse seeking divorce to establish the existence of cruelty or desertion, including proving the factum of separation and the intent to bring cohabitation to an end, without the consent of the other spouse and without reasonable cause (!) (!) .

4. Long periods of separation alone do not automatically justify a decree of divorce on the ground of irretrievable breakdown. The court must evaluate whether the marriage is beyond salvage, considering factors such as the duration of separation, attempts at reconciliation, and the emotional state of the parties (!) (!) .

5. The power under Article 142 of the Constitution is a discretionary one, which allows the court to dissolve a marriage even when there is opposition from one spouse, provided that the marriage has completely failed and is beyond repair. This power must be exercised with the aim of doing complete justice, balancing the circumstances of both parties (!) (!) .

6. While the court recognizes that marriage plays an important societal and social role, it also emphasizes that the discretion to dissolve a marriage on the grounds of its irretrievable breakdown is not a right but a careful exercise of judicial discretion. The court must consider the social norms, the emotional and cultural implications, and the specific facts of each case (!) (!) (!) .

7. The sentiments and welfare of the parties, especially in cases involving senior citizens, are important considerations. The court may decline to dissolve the marriage if doing so would cause injustice or hardship, particularly when one party expresses a desire to maintain the marriage for personal or cultural reasons (!) (!) .

In summary, while the concept of irretrievable breakdown can be a factor in divorce proceedings under Article 142, it is not an automatic or exclusive ground for divorce. The court exercises its discretion to ensure justice, considering all relevant social, emotional, and factual circumstances.