Sunday, April 02, 2006

SC on Irretrivable Breakdown of Hindu Marriage

“Ultimately, it is for the Legislature whether to include irretrievable breakdown of marriage as a ground of divorce or not, but in our considered opinion the legislature must consider it as a ground for divorce under the Act.”

“We have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take the notice of that fact, and it would be harmful to society and injurious to the interests of the parties.”

“Where there has been a long period of continuous separation, it may fairly be summarized that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie. By refusing to sever the tie the law in such cases do not serve the sanctity of marriage.

The bench at supreme court (comprising of – Justices B N Agarwal, A K Mathur and Dalveer Bhandari.

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