Breakdown of Marriage cannot be grounds for Divorce in Family Law: Delhi High Court

The hon’ble high court has reiterated that divorce on grounds of irretrievable breakdown of marriage cannot be admissible in the High Court or family Court though it can only be vested in the apex court of India. The hon’ble court has noticed that it should be acted stringently while dealing with the provisions that governs the grounds for divorce under the Hindu Marriage Act, 1954. 

Marriage is considered to be the most sacrament practice in Hindu dharma and since it is the very basic institution of our social system. All the provisions related to marriage and divorce is mentioned under the Hindu Marriage Act including the grounds for divorce for its legal institutionalization. 

Further ahead the High court states that the power to grant divorce on the ground of irretrievable breakdown of marriage can be exercised by the Supreme Court under Article 142 of the Constitution. The Court was hearing a case of Hindu couple wherein the wife appeals a family court in 2018 for divorce on the grounds of cruelty and desertion. The couple was married in 2002 and had a daughter who was born in 2007. After some they used to live as estranged couple. The High court mentioned that the family court had granted the divorce on the grounds of denial of conjugal rights and relationship inspite of the vague allegations. Furtherance, it has been observed that there was no absolute renunciation as the husband had admitted that he was allowed to enjoy conjugal relations 30-35 times. The Court also stated that the birth of the daughter negates the allegations of denial of conjugal rights. Additionally, the court opined that wife was not at fault while stating that she persistently wanted to live with her husband but he had repeatedly refused to live with her. It was noted that the Family Court had been considered that the couple had been living separately for 11 years and granted divorce on that ground only. 

The hon’ble Court, in the present case, stated that the family court has erred in going beyond the scope of its powers to grant divorce. Only the apex court has discretionary power to examine the longevity of the period of separation of the couple and whether the irretrievable breakdown of marriage can be considered as a ground for divorce or not.

Name- Aayushi Arun Satyadeo , College Name- Bharati Vidyapeeth University, New Law College, Pune., Sem- IIIrd, an intern under Legal Vidya.

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