Beyond Traditional Grounds under Hindu Law: Supreme Court’s Power to Grant Divorce on the Ground of Irretrievable Breakdown of Marriage
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
Hindu Marriage Act
Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC
“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”
Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce
“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”
‘Minor wife’s stay at Girls Care Home not detrimental’; Patna High Court denies custody to husband
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Family Court grants dissolution of marriage on ground not pleaded in petition: Madras HC sets aside order
Madras High Court said that the wife was always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband.
Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers
Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.
Unilateral withdrawal from attempted divorce settlement can cause disquiet and uncertainty in husband’s mind, thus amounts to cruelty: Delhi High Court upholds divorce
“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”
2023 SCC Vol. 10 Part 1
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‘Section 24 of Hindu Marriage Act, 1955 is gender neutral’, Delhi High Court reduces maintenance pendente lite from Rs. 30,000 to Rs. 21,000
“The spouse having reasonable capacity of earning but chooses to remain unemployed without indicating sincere efforts to gain employment, should not be permitted to saddle other party with one sided responsibility of meeting out expenses.”
Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA
“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”
Delhi High Court | Child born from the sapinda relationship legitimate; Declares marriage between parties null and void
The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.
‘Highly qualified and has earning capacity’; Delhi High Court denies maintenance to a woman who did not disclose her true income
“Section 24 of the Hindu Marriage Act, 1955 is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse.”
Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages
Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
Delhi High Court directs Family Court Judges to judiciously use the legal provisions for expeditious disposal of petitions
“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”
Attempt to commit suicide and false allegations of illicit relationship, amount to mental cruelty: Delhi High Court reiterates
“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive.”
Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court
“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”
Can initiation of proceedings by wife for vindication of her rights considered to be mental cruelty? Madras High Court answers
When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
Non-consummation of marriage due to husband’s spiritual inclinations is cruelty under Hindu Marriage Act and not S. 498-A of IPC: Karnataka High Court
Noting the husband’s interest in watching videos by Sisters of Brahmakumari, which eventually led to non-consummation of his marriage, the Court was of the view that this situation does not fall under the scheme of S. 498-A, IPC.
Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce
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.