A writ petition cannot be filed under article 32 of the constitution cannot be filed by a party to seek the relief of dissolution of marriage under irretrievable breakdown. Irretrievable theory of marriage means that the couple can no longer live as a man and wife any longer, that is there is not even a single reasonable chance to get back together in their marital relationship. The legally defined ground recognized under the Hindu marriage act for irretrievable marriage is cruelty. The apex court in a significant verdict held that the special powers under article 142 of the constitution can be invoked to grant divorce under irretrievable breakdown of marriage. The view taken in the case Ponam.v.sumit Tanwar was approved by the constitution bench..
The judgement has specified factors including the balancing of etiquettes, specially the maintenance, alimony and the rights regarding children. These factors should be kept in mind while dissolving marriage on these grounds. The essence of judgment pronounced by the court in this matter is that the discretionary powers under article 142[1] of the constitution should be exercised to ensure complete justice to the parties. The court should be satisfied that the parties have completely lost all the possible ground to cohabit together. The grant of divorce under this ground is not a right but a discretion exercised with great care and caution.
The other factors such as the period which the parties have cohabited after marriage, the nature of allegations made against each other, the legal orders passed from time to time the number of attempts made to settle the issue through mediation and the impact of their personal relationship should be considered by the court. The separation period should be long and anything above six years will be given consideration as a relevant factor. The social and economic status of the parties such as their educational qualifications, age and gender the dependence of spouse and children, custody along with the welfare of their children, sufficient alimony for wife and economic rights of children with all other pending matters should be considered
Name:Krishnapriya.P.D., Semester:3rd semester of BBA. LLB, College: Government law college Thrissur
REFERENCE
2.Ponam.v.sumit Tanwar (2010) 4 SCC 460
3.https://www.livelaw.in/supreme-court/supreme-court-writ-petition-dissolution-of-marriage-irretrievable-breakdown-227646
