SANDEEP MEHTA, SANJAY KAROL, VIKRAM NATH
... – Appellant
Versus
YYY – Respondent
| Table of Content |
|---|
| 1. marriage irretrievably broken down due to separation. (Para 2 , 3) |
| 2. mediation attempted but unsuccessful. (Para 4 , 5) |
| 3. factors for granting divorce based on irretrievable breakdown. (Para 7 , 8 , 9) |
| 4. decree of divorce granted under article 142. (Para 10 , 11) |
ORDER :
1. This transfer petition under Section 25 of the Code of Civil Procedure, 1908 read with Order LXI(1) of the SUPREME COURT RULES , 2013, seeking transfer of H.M.A.No.1200/2024 filed under Section 12(1)(a) and 13(1)(ia) of the Hindu Marriage Act 1955 [Hereinafter "HMA"] from the Court of Family Judge No.1, Jaipur Metropolitan, Jaipur (Rajasthan) to the Court of the Principal Family Judge, Family Court, Dwarka, has been filed by the petitioner-husband.
2. This petition arose in the following circumstances:
2.1 Both the petitioner and the respondent are lawyers by training and profession, having met while at college. Their relationship, which began in the year 2007, progressed to their betrothal in February 2013 and culminated in marriage on 30th January 2015 at Jaipur. Their pursuit of law as a profession was also a joint exercise.
2.2 Both being practicing advocates in Delhi/NCR, they resided togethe
(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) 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....
Divorce – A dead marriage must be given a decent quietus.
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.
(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 dead marriage must be given a decent quietus – Decree of divorce can be granted on account of irretrievable breakdown of marriage between parties.
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
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