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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Sarbani Mazumdar @ Sarkar alias Sarbani Sarkar Mazumdar – Appellant
Versus
Prabhat Majumdar alias Pravat Mazumdar – Respondent
| Table of Content |
|---|
| 1. an appeal involves a divorce decree for desertion. (Para 1 , 2) |
| 2. arguments addressing desertion and clean hands. (Para 3 , 5 , 17) |
| 3. errors in trial judge's conclusion and evidential discrepancies. (Para 4 , 8 , 22) |
| 4. disputes over cruelty and desertion facts. (Para 6 , 10 , 12 , 20) |
| 5. supreme court's insights on irretrievable breakdown and cruelty. (Para 7 , 11 , 36) |
| 6. ruling on desertion and irretrievable breakdown. (Para 9 , 19 , 30) |
| 7. legal position on irretrievable breakdown as grounds for divorce. (Para 32 , 33 , 34 , 39) |
| 8. dismissal of appeal; court affirms trial judgment. (Para 42 , 43 , 46) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred by the wife against a divorce decree obtained by the respondent-husband on the ground of desertion.
2. The marriage between the parties was contracted as per Hindu rites and customs on July 12, 2001 and a son was born of the said wedlock on October 13, 2003, who has since attained majority. The husband had previously filed two successive suits for divorce against the appellant-wife, which were dismissed as withdrawn respectively in the years 2005 and 2007. The present suit for divorce was in
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 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 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....
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.
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.
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.
(1) Divorce – Denial of conjugal rights including persistent refusal of sexual intercourse without reasonable cause constitutes mental cruelty and is a valid ground for divorce.(2) Prolonged pendency....
(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....
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