SC held that divorce was inevitable if the marital tie was not working, whereas the girl continued perpetrating cruelty on the husband by submitting circumstances after circumstances and attempting her greatest to ensure that he loses his job too.
The Court noted that the couple had been separated for 20 years throughout, where the man married one other girl after a trial courtroom granted a divorce decree in 2008. Nevertheless, the divorce decree was put away by the Tamil Nadu court in 2019, after which the person went to SC to save his second marriage. The courtroom at first encouraged mediation, but the girl remained silent as she wouldn’t give her nod for ending the wedding.
The bench further noted that irretrievable breakdown of marriage is not a ground available under the law for couples seeking separation, but the Supreme Court has granted decrees of divorce using its jurisdiction under Article 142 of the Constitution of India to do full justice between the parties. It declared the law commission had made suggestions in 1978 and 2010; however, the draft law prepared in 2013 by the government was never moved.
The SC said that societal stigma for a woman after getting divorced with the regulation’s failure to ensure financial and monetary safety to girls is said to be the rationale for the legislation’s unwillingness to introduce irretrievable breakdown as a ground for divorce.
The Court noted that the marriage between the parties never started. Here, both the grounds of irretrievable breakdown of marriage and cruelty by the woman against her husband would entitle the man a decree of divorce to put an end to continued allegations and litigation proceedings.
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