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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Soma Mandal Debnath – Appellant
Versus
Tanmoy Debnath – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred by the plaintiff/appellant-wife against a judgment and decree whereby the learned Trial Judge dismissed the plaintiff's suit for divorce.
2. The marriage between the parties took place on June 18, 2007 under the Special Marriage Act, 1954 (hereinafter referred to as “the 1954 Act”). Upon such marriage, the appellant/wife moved to her matrimonial home at Sankrail, Howrah and started residing there. The appellant, upon completion of her MBBS Course, joined nursing homes in and around Kolkata as medical attendant in the year 2008, after completion of her housestaffship.
3. In 2009, the appellant, then a practising doctor, joined the Manickchak Hospital at Malda as a Medical Officer and became permanent in the year 2010 at the Malda Bamungola Rural Hospital. Later on, in the year 2011, the appellant joined the West Bengal Health Services at Margram Public Health Centre in the District of Birbhum. However, she applied and got a posting at the Public Health Centre, Hazi St. Mollah, BPHC, Sankrail and resided in her matrimonial home.
4. In July, 2015, the appellant was transferred to Kurseong Sub-Divisional Hospit
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.
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....
Mental cruelty can lead to irretrievable breakdown of a marriage, and long periods of separation can amount to cruelty under Section 13 (1)(ia) of the Hindu Marriage Act.
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 mental cruelty, as applied to the grounds of cruelty and desertion under Section 13 of the H....
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....
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.
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