DIPANKAR DATTA, MANMOHAN
Kumari Rekha – Appellant
Versus
Shambhu Saran Paswan – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
1. This appeal registers a challenge to the judgment and decree dated 4th June, 2020 of the High Court of Judicature at Patna,1[High Court] in Miscellaneous Appeal No. 501 of 2013. Under challenge before the High Court were (i) judgment and decree dated 4th June, 2013 of the Principal Judge, Family Court, Munger, Bihar, dismissing a petition,2[Title Suit (Matrimonial) No. 1 of 2009] under Section 13 of the Hindu Marriage Act, 1955 presented by the appellant-wife and (ii) the judgment and decree dated 11th June, 2013 allowing a petition under section 9 of the said Act of the respondent-husband. The High Court dismissed the appeal and, thereby, upheld the impugned judgment and decree of the Family Court.
2. The marriage between the appellant-wife and the respondent-husband was solemnized on 24th April, 1999. They were blessed with a daughter on 7th June, 2001. It is not in dispute that the parties have been living separately for quite some time. According to the appellant-wife, they have been living separately since 2008 while the respondent-husband claims that the separation is since 2012. Be that as it may, admittedly, they have been living separately for
Divorce – A dead marriage must be given a decent quietus.
: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 – A dead marriage must be given a decent quietus and continuance of such marriage runs contrary to ethos of matrimonial harmony envisioned by law.
Divorce – Marriage can be dissolved on the ground of irretrievable breakdown – A dead marriage must be given a decent quietus.
Divorce – A dead marriage must be given a decent quietus.
The court recognized the irretrievable breakdown of marriage as a valid basis for divorce, despite the absence of explicit statutory provisions for such a ground.
Irretrievable breakdown of marriage, characterized by prolonged separation and lack of emotional connection, constitutes a valid ground for divorce under the Hindu Marriage Act, and can be interprete....
(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....
(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....
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....
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