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This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
Punjab and Haryana High Court: In an appeal filed by the appellant/husband seeking the dissolution of marriage on the ground of cruelty
Chhattisgarh High Court: In a case related to an appeal filed against the decision of the family Court, whereby an
Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by
Delhi High Court: In a matter of dissolution of marriage, the Division Bench of Vipin Sanghi, ACJ and Jasmeet Singh, J., expressed
Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was
Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must
Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that
Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ. allowed an appeal filed by the husband against the decision of
Madras High Court: A Bench comprising of V.M. Vellumani, J. has held in the case of matrimonial dispute regarding the irretrievable breakdown
Madras High Court: A Single Judge Bench comprising of P. Devadass, J. directed Family Court Chennai to dispose of the interim petition
Delhi High Court: There was an appeal against the decision of the Family Court which had dismissed the request for annulment of the
Delhi High Court: Delivering its judgment in a petition for the annulment of the marriage on the grounds of mental cruelty, the
Delhi High Court: In a matter related to divorce, the Division Bench comprising of P. Nandrajog and Pratibha Rani, JJ. , partially
Delhi High Court: The Division Bench comprising of S. Ravindra Bhat and Deepa Sharma, JJ. held that demand for privacy by the