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Showing posts with the label Irretrievable Breakdown

65 Days of Marriage, 13 Years of Litigation: Supreme Court Dissolves Marriage Citing Irretrievable Breakdown

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Background of the Case In a significant ruling highlighting the judiciary’s concern over prolonged matrimonial litigation, the Supreme Court of India dissolved a marriage that lasted only 65 days , where the spouses have lived separately for over 13 years and were entangled in more than 40 civil and criminal cases against each other. The marriage was solemnised on January 28, 2012 . Within 65 days, the wife left the matrimonial home alleging cruelty by the husband and his family members . Since then, the parties have remained estranged, litigating across courts in Delhi, Allahabad, Ghaziabad and Lucknow , effectively turning the judicial system into a forum for sustained personal conflict. Proceedings Before the Supreme Court The matter came before a Bench of Justice Rajesh Bindal and Justice Manmohan . The wife approached the Supreme Court invoking Article 142 of the Constitution , seeking: Dissolution of marriage on the ground of irretrievable breakdown Quashing of multiple pending...

Long Period of Separation Between Husband and Wife Amounts to Cruelty to Both: Supreme Court

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Introduction In a significant ruling on matrimonial jurisprudence, the Supreme Court of India has held that a long period of separation between a husband and wife, with no possibility of reconciliation, amounts to cruelty to both parties . The Court observed that prolonged matrimonial litigation results in the perpetuation of a marriage only on paper, serving neither the interests of the parties nor that of society. Invoking its plenary powers under Article 142 of the Constitution , the Supreme Court dissolved the marriage on the ground of irretrievable breakdown , reiterating that mental cruelty can arise from sustained separation and rigid refusal to accommodate each other. Bench and Background of the Case Composition of the Bench The judgment was delivered by a Division Bench comprising Justice Manmohan and Justice Joymalya Bagchi , with Justice Manmohan authoring the opinion for the Court. Marriage and Separation Timeline The parties were married on August 4, 2000 Matrimonial disp...