Irretrievable Breakdown of Marriage

A 45-day marriage followed by 12 years of separation led the Telangana High Court to grant divorce, examining concealment of mental illness, non-consummation, and irretrievable breakdown of marriage.

The Telangana High Court upheld a divorce after two decades of separation, denied maintenance and permanent alimony to a working wife, and awarded ₹25 lakh to the daughter as full and final settlement.

In this significant judgement, the Supreme Court observed that a marriage characterized by an increasingly bitter and acrimonious relationship, where both parties inflict cruelty upon each other, essentially degrades the institution of marriage. The Court opined that such a situation, wherein the marriage has irretrievably broken down, warrants the dissolution of the union on the grounds of cruelty.   This case is particularly noteworthy as it recognizes that cruelty may be m

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