AI Overview...
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No Chance of Reconciliation - The courts consistently recognize that when parties explicitly state there is no possibility of reconciliation, they are justified in seeking divorce. Several cases emphasize that the absence of reconciliation prospects justifies the dissolution of marriage by mutual consent or judicial decree. Rattan Chand And Ors. VS State Of Haryana - Punjab and Haryana, PRATIMA BISWAL VS AMULAY KUMAR BISWAL - Orissa, Inderjit Mehta VS Parveen Mehta - Punjab and Haryana, Kumar Avinava Dubey VS Varsha Mishra - Madhya Pradesh, Jawahar Lal VS Pushpa - Rajasthan, U. Sree VS U. Srinivas - Madras, Nayan Kumar VS Karuna - Madhya Pradesh
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Irretrievable Breakdown of Marriage - Many judgments establish that when marriage has irretrievably broken down, with no likelihood of reconciliation, divorce is justified. Evidence such as separation since 1996, mental cruelty, or mutual statements confirms the absence of any reconciliation chance. Inderjit Mehta VS Parveen Mehta - Punjab and Haryana, Jawahar Lal VS Pushpa - Rajasthan, U. Sree VS U. Srinivas - Madras
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Court's Discretion and Legal Provisions - The courts recognize that the statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act can be waived if there is no chance of reconciliation, aligning with the Act’s objective to prevent prolonged suffering and purposeless marriages. The discretion is guided by the interest of justice and the specific facts of each case. Anilesh Yadav VS Swati Yadav - Punjab and Haryana, Kumar Avinava Dubey VS Varsha Mishra - Madhya Pradesh, Nayan Kumar VS Karuna - Madhya Pradesh
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Factors Leading to No Reconciliation - Evidence of mental cruelty, desertion, lack of cohabitation, and mutual statements about the impossibility of resuming cohabitation support the conclusion that reconciliation is not feasible. These factors are pivotal in judicial determinations. Satyakriti VS State of Jharkhand - Jharkhand, U. Sree VS U. Srinivas - Madras, Jawahar Lal VS Pushpa - Rajasthan
Analysis and Conclusion:
Courts across various cases concur that when there is clear evidence of irretrievable breakdown, prolonged separation, and no likelihood of reconciliation, divorce should be granted without delay. The legal framework allows for waiving the statutory cooling period in such circumstances to prevent unnecessary prolongation of marital discord, emphasizing the importance of justice and the well-being of the parties involved.
Search Results for "No Chance of Reconciliation"
1996 0 Supreme(P&H) 281 • India - Punjab and Haryana
V.K.JHANJI
of reconciliation. ... of reconciliation. ... of reconciliation. ... As there is no chance of reconciliation and the parties have decided to dissolve the marriage by mutual consent, the prayer made in the petition under Section 13-B of the Hindu Marriage Act annexed to Civil Misc. ... They have stated in their joint petition that there is no likelihood of there being any reconciliation between them and thus, have mutually agreed to dissolve the marriage. A sum of Rs. 20,000/- has been ....
2002 0 Supreme(Ori) 88 • India - Orissa
BASUDEVA PANIGRAHI, M.PAPANNA
Ratio Decidendi: The court relied on the evidence of the appellant's withdrawal from the respondent's society and the lack of chance ... ... ( 3 ) RESPONDENT-HUSBAND had claimed that the appellant voluntarily withdrew herself from the society of the respondent and there is no chance of joining them together. ... The learned Judge, Family Court on assessment of evidence came to the conclusion that the appellant since withdrew herself from the society of the respondent and there is no further chance of her joining, thus, in the aforesaid s....
2000 0 Supreme(P&H) 622 • India - Punjab and Haryana
A.S.GARG
The court held that the marriage had irretrievably broken down and that there was no chance of reconciliation. ... The court also found that the marriage had irretrievably broken down and that there was no chance of reconciliation. ... When the efforts of reconciliation were being made till, 1992 and the petition for divorce having been brought on 20.8.1996 it would not be taken that the petition was brought with any laches. ... The learned counsel for the respondent has argued and referred to each and ....
2018 0 Supreme(P&H) 4228 • India - Punjab and Haryana
DEEPAK SIBAL
of reconciliation. ... of reconciliation and the purpose of the cooling off period is not served. ... that the statutory period of six months under Section 13-B (2) of the Hindu Marriage Act, 1955 can be waived off if there is no chance ... the same could be waived; the object of Section 13-B of the Act was not to perpetuate a purposeless marriage or to prolong the agony of the parties and that when the Court was satisfied that there was no chance of reconciliation, the Court should not be powerless in ....
2023 0 Supreme(Jhk) 1319 • India - Jharkhand
SANJAY KUMAR DWIVEDI
The court found that the divorce was granted in favor of the husband due to the wife's cruelty and the lack of chance for reconciliation ... for reconciliation justified the divorce. ... court relied on the evidence from the divorce proceedings to conclude that the wife's cruelty was established, and the lack of chance ... the Court finds that husband of the O.P.No.2 has been able to prove that after marriage the respondent has treated him with cruelty and that cannot reasonably expected to live with his wife and for a l....
2021 0 Supreme(All) 206 • India - Allahabad
MAHESH CHANDRA TRIPATHI, SANJAY KUMAR PACHORI
of reconciliation and the waiting period will only prolong their agony. – They have made statement that they have better future ... has never been consummated. – They also make statement before the Court that they do not want to live together and there is no chance ... discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances ... The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance#....
2019 0 Supreme(MP) 523 • India - Madhya Pradesh
G.S.AHLUWALIA
of reconciliation and the parties have been separated for a longer period. ... of reconciliation and the parties have been separated for a longer period. ... Marriage Act, emphasizing that the cooling period is not mandatory and can be waived in exceptional situations where there is no chance ... He submitted that the discretion to waive the period is a guided discretion by consideration of interest of justice where there is no chance of reconciliation and parties were already separated for a longer per....
2012 0 Supreme(Raj) 1043 • India - Rajasthan
DINESH MAHESHWARI, VINEET KOTHARI
The court found that the parties had irretrievably broken down their marriage and that there was no chance of reconciliation. ... of reconciliation. ... The court also found that there was no collusion between the parties and that they had been living separately since 1996 with no chance ... Having regard to the fact situation and the circumstances of the case, we are satisfied that there is no collusion between the parties; and the parties appear to have deserted each other and are living separate since the year 1996; a....
2011 0 Supreme(Mad) 4063 • India - Madras
M.VENUGOPAL, ELIPE DHARMA RAO
The court held that the marriage had irretrievably broken down and that there was no chance of reconciliation between the parties ... of reconciliation between the parties. ... activities. * Mental cruelty can lead to the breakdown of a marriage. * A marriage is irretrievably broken down when there is no chance ... The counsellors because of the reprehensible conduct of the Appellant/Wife terminated the session after one sitting based on the reason that a reconciliation between the parties was an imposs....
1999 0 Supreme(MP) 1101 • India - Madhya Pradesh
S.B.SAKRIKAR
Hindu Marriage Act, 1955 -- Ss. 13B and 28 -- decree of divorce by consent -- may be passed when there is no chance of reconciliation ... Parties have stated that due to differences existing between the parties since last 4-5 years, reconciliation is not possible. As such by mutual consent they have decided to dissolve marriage by a decree of divorce on the ground of mutual consent. ... After passing of the said period, from the statements of the parties recorded in this Court, I am satisfied that due to differences arose between the part....
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