New Delhi: The Supreme Court on Monday held that it could grant divorce on the grounds of irretrievable breakdown of marriage.
The apex court’s five-judge bench, including Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S Oka, Vikram Nath, and JK Maheshwari, held that the six-month period prescribed under the Hindu Marriage Act can be dispensed with.
The apex court order came while deciding a case in which a couple lived together only for four years, had been living separately for 25 years and had multiple litigations between them. The court held that “a marriage, which has broken down irretrievably, in our opinion, spells cruelty to both the parties, as in such a relationship, each party is treating the other with cruelty. It is therefore a ground for dissolution of marriage under Section 13 (1) (ia) of the Act”.
It said that though “irretrievable breakdown of a marriage may not be a ground for dissolution of marriage, under the Hindu Marriage Act, but cruelty is”.
(With Agency Inputs)
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