In a yet another historic verdict, Supreme Court has laid down the law on contested divorce under section 13 of Hindu marriage act 1955, that divorce can be granted to spouse if marriage is irretrievably broken .
SC exercised it’s inherent powers under article 142 of the Constitution to reach this conclusion.
Time-n – Again, SC has asked centre to amend the laws but still today , irretrievable break down is not a ground for divorce as per statue .
Why SC took this view?
- Couple had been living separately for past 22 years and there is minus possibility for them to reconcile.
- The previous divorce petitions were dismissed by lower court and Andhra Pradesh High Court.
- The separation of the couple started in the year 1993 till today.
- Thus their relationship is broken beyond repair and denying the divorce would tantamount to killing future possibilities of the spouse.
The law commission report in 1978 & 2009 recommend inclusion of ground of irretrievable breakdown of marriage for divorce but nothing has been done so far.
So when can you say Marriage is irretrievably broken!!
- Marriage is totally unworkable, emotionally dead, beyond salvage and is completely broken.
- Any effort of reconciliation would further the worsen the matter.
Then you can say divorce is the only thing to do.
Though the court ordered lump sum permanent alimony for the wife – respondent in this case.
The contention of wife that marriage can not be dissolved without her consent was rejected and relief of divorce was granted .
Thus when Best Top Expert divorce lawyer can show it to the court that the marriage has irretrievably broken down ,then divorce can be granted irrespective of whether your spouse wants to give to you or not. For that you may also consult best/top/expert Divorce Lawyer in Chandigarh Panchkula Mohali.
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