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B. R. GAVAI, ARAVIND KUMAR, K. V. VISWANATHAN
Sapna Negi – Appellant
Versus
Chaman Singh – Respondent
JUDGMENT :
(Aravind Kumar, J.)
1. The Petitioner-wife is seeking for transfer of the proceedings in HMA No.428 of 2023 titled “Sh. Chaman Singh Vs. Smt. Sapna Negi and another” pending before the court of the Principal Judge, Family Courts, Roorkee, Uttarakhand to the Family Court, Patiala House Courts, New Delhi.
2. We have heard the arguments of Shri Gaurav Prakash Pathak appearing for petitioner and Shri Nagarkatti Kartik Uday appearing for respondents. The marriage between the petitioner and respondent came to be solemnised on 12.05.2013 and a daughter, Ms. xxx was born on 18.05.2016.
3. The respondent-husband filed a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for grant of decree of divorce alleging that petitioner had breached the trust and she was already in relationship with the second respondent and despite advice given to her to return to the matrimonial home, she has continued to neglect the family and had failed to discharge her marital obligations. It is also alleged that petitioner-wife having secured a job as a teacher in July, 2022, had completely neglected Respondent-husband. Whereas petitioner-wife contended that on account of the first respond
(1) Divorce – A dead marriage must be given a decent quietus.(2) Power under Article 142(1) of Constitution of India can be exercised by Supreme Court to dissolve a marriage which has lost its vigour....
:A dead marriage must be given a decent quietus – Decree of divorce can be granted on account of irretrievable breakdown of marriage between parties.
Divorce – Irretrievable breakdown of marriage can be a ground for dissolution of marriage.
Divorce – A dead marriage must be given a decent quietus.
(1) Divorce – It would not be desirable to accept formula of “irretrievable break down of marriage” as a strait-jacket formula for grant of relief of divorce under Article 142 of Constitution.(2) Cru....
Divorce – Marriage can be dissolved on the ground of irretrievable breakdown – A dead marriage must be given a decent quietus.
(1) A marriage is more than a seemingly simple union between two individuals – As a social institution, all marriages have legal, economic, cultural, and religious ramifications.(2) There is no neces....
The court can dissolve a marriage by mutual consent under Article 142 when parties have amicably settled their disputes, ensuring compliance with agreed terms.
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