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Articles for Irretrievable Breakdown

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
2 days, 6 hours 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 Supreme Court Companionship Court Legal Disputes Parties Mutual Trust
Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
2 days, 6 hours 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 Supreme Court Companionship Court Parties Mutual Trust Irretrievable Breakdown
Calcutta High Court Monthly Digest: November 2024
1 week, 6 days ago

Calcutta High Court Monthly Digest: November 2024

Live Law  

NOMINAL INDEXSMT SONIA DHIR AND ANR. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw 253 Suman Talukder Vs. Namita Paul Talukder Citation: 2024 LiveLaw 254 X v State of West Bengal Citation: 2024 LiveLaw 255 Santanu Banerjee v/s Enforcement Directorate Citation: 2024 LiveLaw 256 Tata Steel Limited Haldia Contractors' Mazdoor Sangh and Another Vs. State of West Bengal and Ors. …

Court Citation West Bengal Indian Indian Law West State
Calcutta High Court Weekly Round-Up: 17th November To 24th November, 2024
4 weeks ago

Calcutta High Court Weekly Round-Up: 17th November To 24th November, 2024

Live Law  

NOMINAL INDEX Mitadru Sau Vs. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw 253 Suman Talukder Vs. Namita Paul Talukder Citation: 2024 LiveLaw 254 X v State of West Bengal Citation: 2024 LiveLaw 255 ORDERS/JUDGEMENTS Calcutta High Court Directs Authorities To Consider NEET Candidate's Disability Percentage In UDID Card For Eligibility Under PwD Category Case: Mitadru Sau Vs. Second Wife …

Court Bail Citation West Bengal Indian Law West State
High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court
1 month ago

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

Live Law  

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognised as a ground for divorce under Indian law, by reading it into the grounds of cruelty or desertion, like it is in the UK.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:It transpires from the consistent conduct and lack of …

Law Marriage High Court Court Divorce Indian Cruelty
Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
1 month ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 …

Family Court Family Court Divorce Cruelty Judicial Respondent
Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court
5 months, 2 weeks ago

Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that depriving a father from meeting his daughter on account of marital discord amounts to cruelty under Section 13 of the Hindu Marriage Act.While dismissing refusing to interfere in divorce granted on the ground of cruelty, division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "that depriving the …

Family Marriage Court Divorce Mental Cruelty Cruelty Hindu Marriage Act
Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
9 months, 2 weeks ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Marriage Court Ground Moradabad Divorce Petition Irretrievable Breakdown Irretrievable Break
Supreme Court Monthly Round-Up [October 2023]
1 year, 1 month ago

Supreme Court Monthly Round-Up [October 2023]

Live Law  

Nominal Index Pankaj Bansal v. Union of India, Basant Bansal v. Union of India 2023 LiveLaw 844 Aditya Khaitan & Ors. GEETHA, D/O LATE KRISHNA v. NANJUNDASWAMY 2023 LiveLaw 940 Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw 942 Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw 944 Judgments/Orders Mere Non-Cooperation To ED Summons Not A Ground …

India Rajasthan Justice Tamil Nadu Family Planning Delhi Disciplinary Proceedings
Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 2 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 …

Society Marriage Supreme Court Court Divorce Indian Care
Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 3 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

Family Marriage Family Courts Court Divorce Delhi High Court Courts
Irretrievable breakdown a ground to dissolve marriage under Article 142: SC
1 year, 7 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 …

Marriage Constitution Court Bench Article Irretrievable Breakdown 142
Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 7 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 …

Marriage Justice Supreme Court Court Mutual Consent Divorce Supreme
Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved
2 years, 2 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 …

Marriage Court Bench Article Dave Jaising Irretrievable Breakdown
Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC
2 years, 2 months ago

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC

Live Law  

A Constitution Bench of the Supreme Court on Wednesday began hearing 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 consent …

Law India Marriage Justice Constitution Court Mutual Consent
Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
3 years, 1 month ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law  

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

India Karnataka Kerala Supreme Court High Court Writ Petition Appeal