B. R. GAVAI, K. V. VISWANATHAN
Vineet Taneja – Appellant
Versus
Ritu Johari – Respondent
| Table of Content |
|---|
| 1. filing and rejection of application (Para 1 , 2 , 3) |
| 2. irretrievable breakdown of marriage (Para 5 , 6 , 7) |
| 3. exercising extraordinary powers under article 142 (Para 8) |
| 4. decree of divorce and its implications (Para 9 , 10 , 11 , 12 , 13) |
ORDER :
1. This application has been filed by the applicant-Ritu Johari (Wife) with prayers to set aside lodgement order dated 12.07.2023 passed by the learned Registrar under Order XV Rule 5 of the SUPREME COURT RULES , 2013 and to pass an order for registration of application M.A.Diary No. 24184 of 2023. It appears that the applicant-wife had filed M.A. Diary No. 24184 of 2023 in a matter, which had been filed by the husband and which had been dismissed by this Court vide order dated 28.03.2023. The miscellaneous application had been filed by the wife seeking dissolution of the marriage and praying this Court to exercise powers under Article 142 of the Constitution of India. However, the same was rejected by the learned Registrar vide order dated 12.07.2023, against which present miscellaneous application has been filed by the applicant-wife.
2. The application is vehemently opposed by the non-applicant-Vineet Taneja (Husband).
The Supreme Court exercised its powers under Article 142 to dissolve a marriage deemed irretrievably broken, quashing related criminal proceedings to prevent further suffering.
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
Divorce – Power under Article 142 of Constitution of India can be invoked to dissolve a marriage that has irretrievably broken down.
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
A dead marriage must be given a decent quietus.
(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 ....
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 ....
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....
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
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