Granting Divorce on basis of irretrievable breakdown of Marriage by Family Court Ultra Vires: Delhi High Court
Last Updated on September 20, 2023 by News Desk
The Hindu Marriage Act does not permit divorce on the basis of an irretrievable collapse of a marriage, according to the Delhi High Court. The court determined that the Act’s rules governing the issuance of divorce must be rigorously followed by the family court. The Hindu Marriage Act does not recognise an irretrievable collapse of a marriage as grounds for divorce, and the division bench of Justices Sanjeev Sachdeva and Vikas Mahajan overturned a decision from a family court that did so. According to Article 142 of the Constitution, only the Supreme Court may issue a divorce on the grounds of an irretrievable collapse of the marriage.
The court was considering a woman’s appeal against a 2018 family court ruling that granted her husband’s request for a divorce on the grounds of cruelty and desertion. A daughter was born in 2007 after the couple’s 2002 wedding.
The family court had awarded the divorce based on the denial of a conjugal connection, but the court recognised that there had never been a total denial because the husband had acknowledged having sex 30–35 times. The court also took note of the couple’s 11-year separation and granted the divorce on that basis.
The court concluded that the Family Court erred in travelling beyond its powers to grant divorce, while allowing the woman’s appeal against the grant of divorce.
Case Title: D vs. A
Written by: Srijan Raj @raaj_srijan
