High-Conflict Divorce & Cruelty

In this case, the Court emphasised that cruelty as a ground for divorce is not limited to physical harm. Mental cruelty, which affects the emotional well-being and dignity of an individual, is equally valid.   The judgment set a precedent by recognising emotional neglect, constant false accusations, and character assassination as forms of mental cruelty. It further stated that marriage cannot be sustained at the cost of individual dignity and peace of mind.

This case is known for its observations on irretrievable breakdown of marriage as a ground for divorce. The husband sought divorce, alleging cruelty by the wife. The Supreme Court recommended irretrievable breakdown of marriage as a valid ground for divorce. This case examined the irretrievable breakdown of marriage as a potential ground for divorce. While acknowledging the limitations of fault-based divorce, the Supreme Court recommended legislative action incorporating irre

In this recent ruling, the Supreme Court invoked its powers under Article 142 of the Constitution to grant a divorce on the grounds of  irretrievable breakdown of marriage , even though such a ground is not available under current statutory laws.   The Court clarified that while lower courts cannot grant divorce on this ground, the Supreme Court may exercise this extraordinary power to ensure “complete justice.” The judgment shows how the judiciary is taking progressive steps

Introduction On May 1, 2023, a Constitution Bench of the Supreme Court delivered a unanimous judgment in Shilpa Sailesh v Varun Sreenivasan , holding that the Supreme Court can directly grant divorce based on irretrievable breakdown of marriage under Article 142 of the Constitution. This ruling allows the Court to dissolve marriages that have become defunct without requiring parties to prove traditional legal grounds under the Hindu Marriage Act. Key Observations by the Cou

Introduction In a latest judgment passed on May 6 th   2024, The Supreme Court in JATINDER KUMAR SAPRA  Vs. ANUPAMA SAPRA 2024, the Supreme Court invoked its special powers under Article 142(1) to grant divorce on the grounds of irretrievable breakdown of marriage, considering the long period of separation, the impossibility of reconciliation, and the fact that the children are now adults and independent. Key Observations by the Supreme Court The Court was prima facie satisfi