No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers
3 years, 6 months ago

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers

Live Law  

The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more, the Supreme Court remarked while it dissolved a marriage invoking its powers Article 142 of the Constitution.In this case, the husband had filed divorce petition on the ground of cruelty and desertion by wife. The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more, the Supreme Court remarked while it dissolved a marriage invoking its powers Article 142 of the Constitution. Sukhendu Das v. Rita Mukherjee and Munish Kakkar v. Nidhi Kakkar to submit that the court has, in the past, invoked Article 142 powers to dissolve marriages when they are totally unworkable and irretrievable. The bench, referring to these judgments noted thus: "In Sukhendu Das v. Rita Mukherjee, by holding that there was an irretrievable breakdown of marriage, this Court dissolved the marriage between the parties therein by observing that they had been living separately for more than 17 years and no useful purpose would be served by compelling them to live together in matrimony.

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History of this topic

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court
1 month, 4 weeks ago

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court

India Today  

The Allahabad High Court has observed that marriage between two Hindus is sacrosanct, and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act. A double-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from …

Marriage between two Hindu individuals sacrosanct, can’t be dissolved within one year: Allahabad HC
2 months ago

Marriage between two Hindu individuals sacrosanct, can’t be dissolved within one year: Allahabad HC

New Indian Express  

LUCKNOW: The Allahabad High Court held that marriage between two Hindu individuals is sacrosanct and cannot be dissolved within one year of marriage on grounds of mutual incompatibility. The HC cited that dissolution is only allowed in cases of exceptional hardship or exceptional depravity as provided under Section 14 of the Hindu Marriage Act, 1955. Passing the order, the High …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
3 months, 1 week ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
3 months, 1 week ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
6 months, 1 week ago

Hindu marriage can’t be dissolved as a contract: Allahabad High Court

Hindustan Times  

In a significant judgment, the Allahabad high court has ruled that a Hindu marriage is not to be dissolved or terminated as a contract. The appeal was filed by the woman against the order passed by the additional district judge, Bulandshahr, in 2011 allowing divorce petition filed on behalf of her husband. Allowing an appeal filed by a woman against …

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
6 months, 1 week ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the …

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
10 months ago

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court

Live Law  

The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage. It was stated that three years after the marriage, the respondent started torturing …

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
1 year ago

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court

Live Law  

The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 5 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling
1 year, 10 months ago

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling

The Hindu  

Not all marriages are happy, and not all divorces are unhappy. Leaning on the “guiding spirit” of Article 142 of the Constitution to do “complete justice” in any “cause or matter”, a Constitution Bench said it could use this extraordinary discretionary power to grant divorce by mutual consent to couples trapped in bitter marriages. It also aims to spare couples …

Irretrievable breakdown a ground to dissolve marriage under Article 142: SC
1 year, 10 months ago

Irretrievable breakdown a ground to dissolve marriage under Article 142: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Monday ruled it can invoke its special powers under Article 142 of the Constitution to dissolve a marriage on the ground of irretrievable breakdown. The bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, was dealing with more than one set of questions including what could be the …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 10 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

Supreme Court's BIG order on divorce, 6-month mandatory waiting period
1 year, 10 months ago

Supreme Court's BIG order on divorce, 6-month mandatory waiting period

India TV News  

Supreme Court's BIG order on divorce, 6-month mandatory waiting period Supreme Court order on divorce: The mandatory waiting period of 6 months for divorce through mutual consent can be dispensed with subject to conditions, the apex court bench added. Supreme Court order on divorce: In a significant order, the Supreme Court on Monday held that it can dissolve marriages on …

SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 10 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to courts

Deccan Chronicle  

New Delhi: The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of …

SC verdict likely on May 1 on dissolution of marriage without referring to family courts
1 year, 10 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to family courts

The Hindu  

The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of powers under …

Continuing in a marriage broken down irretrievably amounts to cruelty, a ground for divorce: SC
1 year, 11 months ago

Continuing in a marriage broken down irretrievably amounts to cruelty, a ground for divorce: SC

The Hindu  

The Supreme Court has held that continuing in a marriage which has broken down irretrievably amounts to cruelty, which is a ground for divorce under the Hindu Marriage Act. A Bench of Justices Sudhanshu Dhulia and J.B. Pardiwala read the ‘irretrievable breakdown of marriage’ into the ground of ‘cruelty’ for divorce under the Act. Irretrievable breakdown of marriage by itself …

Same Sex Marriage- 'Parliament Has Power To Legislate On Marriage & Divorce, How Far Can Courts Go?': CJI DY Chandrachud Asks Petitioners
1 year, 11 months ago

Same Sex Marriage- 'Parliament Has Power To Legislate On Marriage & Divorce, How Far Can Courts Go?': CJI DY Chandrachud Asks Petitioners

Live Law  

Chief Justice of India DY Chandrachud today reminded the petitioners seeking legal recognition of queer marriages in India that Parliament is empowered to legislate on the subject of marriage and divorce and therefore inquired as to the scope of interference by the Supreme Court in such matters. Guruswamy submitted that petitioners do not seek any special treatment but, a mere …

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court
2 years, 5 months ago

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court

Live Law  

Senior Advocate Dushyant Dave on Thursday told a Constitution Bench of the Supreme Court that the power under Article 142 could not at all be exercised to dissolve marriages, since express statutory provisions for divorce had already been provided by the Parliament in its wisdom. Dave began his submissions by reminding the Court of two principles that were "affirmately rooted …

Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved
2 years, 5 months ago

Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved

Live Law  

A Constitution Bench of the Supreme Court on Thursday reserved judgment on a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual …

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28
2 years, 6 months ago

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, stated that from 28th September, 2022 it is to commence with the hearing of the matter where its indulgence is sought to consider the extent of its powers under Article 142 of the Constitution of India, 1950, to dissolve marriage. The Constitution Bench reference emanates from a Transfer petition, wherein pursuant …

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court
2 years, 11 months ago

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court

Live Law  

Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceeding against the husband based on the couple's amicable settlement in the Family Court petition. The court noted that under Section 2 of the Muslim Personal Law Act 1937 all property, marriage, dissolution …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

'Their Marriage Is Evidently A Dead Letter': Supreme Court Dissolves A Marriage Invoking Article 142 Powers
3 years, 5 months ago

'Their Marriage Is Evidently A Dead Letter': Supreme Court Dissolves A Marriage Invoking Article 142 Powers

Live Law  

Their marriage is evidently a dead letter, the Supreme Court observed while dissolving a marriage invoking its jurisdiction under Article 142 of the Constitution.The court noted that, in this case, the parties have been living separately since May 2010 and have been engaged in legal proceedings against each other. Their marriage is evidently a dead letter, the Supreme Court observed …

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court
3 years, 6 months ago

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court

Live Law  

The Supreme Court observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13 B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India.In a recent order, Justice Abhay S. Oka, referring to Supreme Court Rules 2013, said he could not pass a decree …

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition
3 years, 10 months ago

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition

Live Law  

Arguing against the urgent hearing of a batch of pleas seeking recognition to same-sex marriages in India under various personal laws, the Union of India today told the Delhi High Court, "You don't need marriage certificate for hospitals, nobody is dying because they don't have marriage certificate. "The centre also submitted a letter seeking adjournment, pointing out that the court …

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]
5 years ago

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Tuesday held that where a man and a woman, during the subsistence of their marriages to other persons, reside as a live in couple, they will not be entitled to any protection under the law. While dismissing the writ petition moved by a live in couple, who "candidly" stated that they had married to other …

Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]
5 years, 3 months ago

Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]

Live Law  

Marriages are said to be made in heaven. They are broken on earth, said the Supreme Court while dissolving a marriage on the ground of its irretrievable breakdown.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph observed that Article 142 of the Constitution of India can be invoked to dissolve a marriage in cases where a marriage is …

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]

Live Law  

The Supreme Court observed that it can exercise its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where it finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce …

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived
6 years ago

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived

Firstpost  

The Kerala High Court recently observed that that a liberal approach needs to be adopted by courts while dealing with divorce applications based on mutual consent. While the judgment pertains to mutual consent divorce petitions, the reasoning adopted by the Kerala High Court begs a very important question, that has engaged the attention of many lawyers and social scientists — …

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution
7 years ago

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution

Live Law  

The Supreme Court has allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation. The court heard an appeal against a judgment of the High Court of Andhra Pradesh and Telangana and aided the couple in reaching an amicable settlement. The court also directed both parties not to initiate any case or petition or any complaint …

SC Helps Couple To End Prolonged Matrimonial Litigation By Allowing Divorce By Mutual Consent [Read Judgment]
7 years ago

SC Helps Couple To End Prolonged Matrimonial Litigation By Allowing Divorce By Mutual Consent [Read Judgment]

Live Law  

The Supreme Court recently allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation.A bench of Justice Kurian Joseph and Mohan M Shantanagouder was hearing an appeal against a judgment of the High Court of Andhra Pradesh and Telangana.The court had made several attempts for a peaceful and amicable settlement of the disputes, through mediators and …

Supreme Court: Is high court justified in annulling marriage?
7 years, 1 month ago

Supreme Court: Is high court justified in annulling marriage?

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday made it clear that it can’t go into the legality of the marriage between Akhila, alias Hadiya, an alleged victim of “love jihad”, and Shafin Jahan and it was open to the National Investigation Agency to continue its probe. Chandrachud questioned whether the Kerala high court could nullify a marriage between “vulnerable adults” …

Divorce without cooling off period
8 years, 4 months ago

Divorce without cooling off period

Deccan Chronicle  

New Delhi: The Supreme Court has granted divorce to a lawyer couple, invoking its inherent powers, and waiving off the cooling off period of minimum six months under the Hindu Marriage Act. A bench of Justices Kurian Joseph and R.K. Agrawal passed this order while dismissing a writ petition filed by the wife to declare the marriage held over seven …

Legislative Inaction Leads to Judicial Law Making
8 years, 5 months ago

Legislative Inaction Leads to Judicial Law Making

Live Law  

Should irretrievable breakdown of marriage be a ground for divorce under the statutory marriage laws of India? And if this escape route is ever used there is nothing to worry – we have a plethora of national commissions but their recommendations are not binding on the government and, unlike those of NHRC and NCM, this one’s are not even to …

Order For Cohabitation Can’t Enforce Sexual Relations Between Husband, Wife: Delhi HC [Read Order]
8 years, 5 months ago

Order For Cohabitation Can’t Enforce Sexual Relations Between Husband, Wife: Delhi HC [Read Order]

Live Law  

The Delhi High Court in Sudha Gupta v. Har Prasad Gupta, has clarified that the object of decree for restitution of conjugal rights is to bring about cohabitation between the parties, so that they can live at the matrimonial home in amity.The judgment delivered by the bench comprising Justice Pratibha Rani and Justice Pradeep Nandrajog held that if the decree …

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]
8 years, 7 months ago

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

Live Law  

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between …

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]
8 years, 7 months ago

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

Live Law  

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between …

Supreme Court invokes Article 142 to waive cooling period in a mutual consent divorce plea
8 years, 10 months ago

Supreme Court invokes Article 142 to waive cooling period in a mutual consent divorce plea

Live Law  

Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately for last five years, the Supreme Court has waived statutory cool-off period of six months and granted them divorce.The couple who approached the Family court were told to wait till October to formally end …

Irretrievable breakdown of marriage 'debatable' ground for divorce: SC
10 years, 4 months ago

Irretrievable breakdown of marriage 'debatable' ground for divorce: SC

India TV News  

New Delhi: With the government set to reintroduce the marriage laws amendment bill in the Lok Sabha to amend the Hindu Marriage Act and the Special Marriage Act to make irretrievable breakdown of marriage a ground for divorce, the Supreme Court has urged a rethink if it was an expedient ground for untying the matrimonial knot. The court said this …

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