Parties Cannot Directly Approach Supreme Court Under Article 32 Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage: SC
The Indian Supreme Court recently ruled that parties cannot directly approach the court under Article 32 seeking a divorce on the grounds of irretrievable breakdown of the marriage. This means that while Article 32 of the Constitution guarantees the right to move the Supreme Court for the enforcement of fundamental rights, it is not an alternative to the regular legal process for seeking the dissolution of marriage. In other words, parties cannot bypass the regular legal procedures and directly approach the Supreme Court seeking a divorce.
The case before the Supreme Court involved a writ petition filed by a man seeking the dissolution of his marriage on the grounds of irretrievable breakdown. The court noted that while the petition was framed as a writ petition under Article 32 of the Constitution, it was essentially a petition seeking a divorce. The court held that the proper forum for seeking a divorce on the grounds of irretrievable breakdown of marriage is the family court, which has the necessary expertise to deal with such matters.
The court’s ruling clarifies the position of the law regarding the jurisdiction of the Supreme Court in cases of divorce. It emphasizes the importance of following the proper legal procedures and seeking remedies through the appropriate forum. The family court is the appropriate forum for seeking a divorce, and parties should approach it and follow the procedures established under the relevant laws.
Overall, the ruling underscores the need for parties to understand and follow the legal procedures for seeking a divorce. It also highlights the importance of having specialized forums, such as family courts, to deal with matters related to family law. By following the proper procedures and approaching the appropriate forum, parties can ensure that their rights are protected and their interests are served in matters related to divorce and family law.
Written by Nidhi Bhadauriya, a 2nd semester BA.LLB student from Vivekananda Institute of professional studies
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