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FACTS AND INTRODUCTION
The Supreme Court today granted divorce , bringing end to lamost a two decade old family law dispute. The Court in the present case , granted divorce on the grounds of irretriviable breakdown of marriage. It is interesting to note that irretriviable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act 1955 (HMA 1955). The petitioner had applied for divorce in the year 1999 but both his pleas for divorce were rejected by the Family Court and the Andhra Pradesh High Court due to lack of consent of wife. Irretrievable breakdown of marriage can be defined as a failure in the matrimonial relationship or such circumstances in arise in that relationship causing adverse effects and that no reasonable probability remains of the spouses remaining together as husband and wife for mutual comfort and support
JUDGEMENTS ON IRRETRIVIABLE BREAKDOWN OF MARRIAGE AS A GROUND FOR DIVORCE
in Sangamitra Ghose Vs. Kajal Kumar Ghosh , the Supreme Court held that
"We are fully convinced that the marriage between the parties has irretrievably broken down because of incompatibility of temperament. In fact there has been total disappearance of emotional substratum in the marriage. The matrimonial bond between the parties beyond repair and that the marriage has been wrecked beyond the hope of salvage and therefore public interest and interest of all concerned lies in the of the recognition of the fact and to declare defunct de jure what is already defunct de facto."
In the case of Navin Kohli vs Neelu Kohli, the Supreme Court made a stong plea to the Union of India to consider irretriviable breakdown of marriage as a ground for divorce
"This Court would like to recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce."
CURRENT JUDGEMENT
The Supreme Court excerised its powers under Article 142 of the Constitution and declared the marriage as "emotionally end , beyond salvage" and granted the plea for divorce.
It was of the view that -
If both parties to the marriage agree for separation permanently, in that case, certainly both the parties can move the competent court... Only in a case where one of the parties do not agree and give consent, only then the powers under Article 142 of the Constitution of India are required to be invoked to do substantial justice between the parties, considering the facts and circumstances of the case.
Due to the fact that both the petitioner and respondent had not been living together for the last 22 years , the Court granted divorce and ordered a sum of rupees 20 Lakh to be paid as lump sum alimomy to the wife.
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