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B. V. NAGARATHNA, PANKAJ MITHAL
Rinku Baheti – Appellant
Versus
Sandesh Sharda – Respondent
JUDGMENT :
B.V. NAGARATHNA, J.
1. This transfer petition has been filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking the following reliefs:
(b) Pass such other orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case, to meet the ends of the justice.”
2. The question for consideration before us is not just whether the petitioner is entitled to the aforesaid relief, but also whether this Court, upon the application filed by the respondent-husband, can exercise its powers under Article 142(1) of the Constitution of India to grant a decree of divorce to the parties herein on the ground of irretrievable breakdown of marriage. If yes, then on what terms. In the above backdrop, we have heard the application in the first instance.
Factual backgr
(1) Divorce – Article 142(1) of Constitution of India, Supreme Court can dissolve marriage on the ground of Irretrievable breakdown of marriage.(2) Hindu marriage is a sacrament and is considered to ....
(1) Divorce – Irretrievable breakdown of marriage – It is in interest of society that marriages, as far as possible, should be maintained – If marriage has been wrecked beyond scope of salvage, it is....
The court established that while irretrievable breakdown of marriage is recognized as a component of cruelty under the Hindu Marriage Act, it does not stand as a valid independent ground for divorce ....
(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....
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
(1) Divorce by mutual consent – Supreme Court, in view of settlement between parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent, without being bound by proc....
(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 main legal point established in the judgment is the concept of irretrievable breakdown of marriage and the impact of criminal and other proceedings on the parties, leading to the grant of divorce....
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
The Court held that the long desertion and separation of a spouse would constitute mental cruelty within the meaning of Section 13(ib) of the Hindu Marriage Act, 1955. However, the Court held that it....
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