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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Lovely Sil nee Biswas – Appellant
Versus
Ashim Kumar Sil – Respondent
| Table of Content |
|---|
| 1. appeal for divorce filed by appellant (Para 1 , 2) |
| 2. arguments on grounds for divorce not met (Para 4 , 5 , 6 , 7 , 9 , 10) |
| 3. irretrievable breakdown invoked by supreme court (Para 11 , 12 , 13 , 14 , 18) |
| 4. counterarguments on claims of cruelty (Para 20 , 21 , 22 , 24 , 26 , 27) |
| 5. legal position before concluding (Para 30 , 31 , 32 , 33) |
| 6. irretrievable breakdown as a ground for cruelty (Para 35 , 36 , 39 , 40) |
| 7. admitted facts about marital issues (Para 53 , 54 , 63 , 65) |
| 8. final verdict and guidance for further applications (Para 68 , 69 , 71 , 72) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred by the defendant/wife in a suit for divorce, against a judgment decreeing the respondent/husband’s suit for divorce against the appellant.
2. The suit was filed, inter alia, on the grounds of desertion, cruelty and adultery.
3. It is pointed out by learned counsel for the appellant that none of the grounds were discussed at length by the learned Trial Judge but the impugned decree was passed primarily on the ground of irretrievable breakdown of marriage.
4. It is submitted that irretrievable breakdown of marriage, by itself, is not a ground re
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 ....
Irretrievable breakdown of marriage is not a standalone ground for divorce but constitutes cruelty under Hindu Marriage Act, empowering the court to dissolve marriage if established alongside deserti....
The recognition of irretrievable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955, and the need for legislative action to amend the Act to incorporate this ground.
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....
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 – 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....
Irretrievable breakdown of marriage can substantiate grounds of cruelty and desertion for divorce under the Special Marriage Act, despite not being an independent ground in Indian law.
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....
(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....
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