oppn parties Divorce Is The Best Option For Irretrievable Broken Down Marriages

News Snippets

  • India's sovereign green bonds were oversubscribed four times as the RBI received 266 bids worth Rs 32892cr agaisnt the target of Rs 8000cr
  • Google tweaks its Android and India app store policy to allow manufacturers and users to choose certain things instead of compulsorily using Google apps after the CCI order and fine for unfairly dominating the market
  • Former US secretary of state calls former Indian external affairs minister Sushma Swaraj a "goofback" and a "hinterland political hack". MEA S Jaishankar slams him
  • Jamia screening of BBC documentary on Gujarat riots cancelled after the university was turned into a fortress and later 13 students were detained by the police
  • Supreme Court grants conditional interim bail for eight weeks to Lakhimpur Kheri accused Ashish Mishra. The bail can be further extended based on his conduct. He was asked to stay outside Delhi-NCR and UP and surrender his passport
  • After the JNU administration tried to thwart the students from screening the BBC documentary on the Gujarat riots and PM Modi, now students of Presidency and Jadavpur universities in Kolkata have decided to screen it 5 times next week
  • While a US research frim Hindenburg says its analysis found the Adani group overleveraged and claimed that its bubble will burst very soon and that sent the price of group companies crashing (Adani companies lost a combined Rs 55000cr), Adani group said the report was 'baseless' and 'malicious'
  • This time Enforcement Directorate arrests TMC spokesperson Saket Gokhale under PMLA for money laundering
  • Padma awards announced on Republic Day: Mulayam Singh Yadav, architect Balkrishna Doshi and ORS pioneer Dilip Mahalanobis get Padma Bibhushan posthumously, Padma Bhushan ius awarded to Kumar Mangalam Birla and 8 others and 91 get Padma Shri
  • Stocks fall big time on Wednesday on F&O expiry, finalncial and banks take big hit: Sensex tumbles 773 points to 60205 and Nifty 226 points to 17892 even as the market volatility meter shoots up by 8.51%
  • World Cup hockey: Germany stun England 4-3 to reach semifinals; Netherlands beat Korea 5-1 to enter last four
  • Australian Open: Sania Mirza and Rohan Bopanna reach the finals
  • Suryakumar Yadav is named ICC Cricketer of the Year 2022 and Renuka Singh gets the ICC Emerging Cricketer of the Year 2022 award
  • BCCI gets a whopping Rs 4670cr in the auctions for the 5 teams in WIPL or as it will be known now, WPL. Adani Sportline gets Ahmedabad for Rs 1289cr while Mumbai Indians get Mumbai for 913cr
  • Calcutta HC overturns the hookah bar ban in Kolkata by saying that it is not an illegal trade
India Commentary Wishes A Happy Republic Day To All Its Readers /////// India Commentary Wishes A Happy Basant Panchami And Saraswati Puja To All Its Readers
oppn parties
Divorce Is The Best Option For Irretrievable Broken Down Marriages

By Sunil Garodia
First publised on 2022-01-11 13:46:06

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

In line with earlier judicial orders, a division bench of the Punjab & Haryana HC has once again reiterated that if a marriage has broken irretrievably, it is wrong to think that judicial intervention can set it right. The court said that since marriage involves "human sentiments and emotions", their drying up offers little chance of them springing back to life "on account of artificial reunion created by court decree", expressing the same logic as used in K Srinivasa Rao vs D A Deepa by the Supreme Court in 2013. 

This position has been stated in earlier judgments too, more specifically by the Madras HC in Salome vs Dr. Prince D. Immanuel. In that judgment, the court had cited K Srinivasa Rao vs D A Deepa, Naveen Kolhi vs Neelu Kolhi, Durga Prasanna Tripathy vs Arundhati Tripathy and Manisha Tyagi vs Deepak Kumar and other cases to conclude that although irretrievable breakdown of marriage is not a ground for divorce the Supreme Court has repeatedly invoked its special powers under Article 142 of the constitution to render complete justice to the parties in such cases.

The Supreme Court had, in Reynold Rajamani and another vs Union of India and another, held that "over the decades, a more liberal attitude has been adopted, fostered by a recognition of the need for the individual happiness of the adult parties directly involved. But although the grounds for divorce have been liberalised, they nevertheless continue to form an exception to the general principle favouring the continution of the marital tie. In our opinion, when a legislative provision specifies the grounds on which divorce may be granted they constitute the only conditions on which the court has jurisdiction to grant divorce. If grounds need to be added to those already specifically set forth in the legislation that is the business of the Legislature and not of the courts. It is another matter that in construing the language in which the grounds are incorporated the courts should give a liberal construction to it. Indeed, we think that the courts must give the fullest amplitude of meaning to such a provision. But it must be meaning which the language of the section is capable of holding. It cannot' be extended by adding new grounds not enumerated in the section."

When it is abundantly clear that the parties to the marriage union, either one or both, are no longer interested in continuing with the union and are bent on creating circumstances that lead to making life hell for the other, it is best for courts to grant then a divorce so that they can lead the rest of their lives happily. A failed marriage is a pain not only to the couple but also to their children and their families. Hence, it is better to end it if there is no hope of a reunion. Thus, although it is true that irretrievable breakdown of marriage is not a ground for divorce in the Indian Divorce Act, 1869, the legal thinking has veered towards granting divorce in such cases (some of which are involved in litigation for years) to end the misery.