Skip to main content

New Ground for Divorce

1. Supreme Court has used extraordinary powers under Article 142 of the Constitution to grant the divorce in a case of ‘irretrievable breakdown of marriage’.

2. Currently, Hindu marriage law does not include ‘irretrievable breakdown of marriage’ as a ground for divorce.

Extraordinary powers

1. Article 142 (1) states that the Supreme Court in the exercise of its jurisdiction may pass necessary order for doing complete justice in any pending matter.

2. Such passed order would be enforceable throughout the territory of India having the effect of parliamentary law until provision on that matter is made.

3. The article entrusts ultimate power in the Supreme Court for ensuring ‘complete justice’. This power is usually used in cases involving human rights and environmental protection.

Ground for divorce

1. The Hindu Marriage Act, 1955 lays down the law for divorce which applies to Hindus, Buddhists, Jains, and Sikhs.

2. Under Section 13 of the Act, the grounds for divorce include:

a) Voluntary sexual intercourse with any person other than his or her spouse

b) Cruelty for a continuous period of not less than two years immediately preceding the presentation of the petition

c) Cease to be a Hindu by conversion to another religion

d) Incurably of unsound mind

e) Divorce by mutual consent

2. Section 27 of the Special Marriage Act, 1954 provides the grounds for the grant of divorce in the case of marriages solemnized under that Act.

3. However, neither of the two Acts provide for ‘irretrievable breakdown of marriage’ as a ground for divorce.

Irretrievable breakdown of marriage

1. It means the situation that exists when either or both spouses are no longer willing to live with each other destroying the husband and wife relationship with no hope of revival.

2. SC added that the Court has exercised its extraordinary power under Article 142 of the Constitution of India to end the marriage because marriage was found to be fruitless.

3. The Law Commission of India has already recommended that ‘irretrievable breakdown’ of marriage be included as a new ground for granting divorce to Hindus.

Labels:

Comments

Post a Comment

"Welcome to my blog, where I, Sandeep Giri, share my passion for the Tech World. Join me on an exciting journey as we explore the latest trends, innovations, and advancements in the world of technology."

Popular Post

■ Can India Become A Technology Leader? India

  ■ Can India Become A Technology Leader?   ✅India is presently not a major player in the field of technology due to certain challenges and on the other side, there are many celebrated Indian technologists around the world as many of the technology giants choose an India- born techie as their leader. ✅The conversation around Indian executives at the helm of top tech companies has gathered some momentum with Parag Agrawal taking over as Twitter CEO. The major technology companies like Google and its parent company Alphabet, Microsoft and Twitter, Adobe and IBM are all headed by Indians. ● The Case of the U.S: ✅The Indian immigrants in the U.S are the part of the most educated and professionally accomplished communities in that country. ✅As of 2019, there were 2.7 million Indian immigrants in the U.S. ✅The government of the U.S has been instrumental in the triumphs of enterprise and the free market. ✅The governmental agencies have been actively supporting the research and develo...
Post a Comment
Read more

India stand with Taiwan..

1. India is set to take over as the next Chairperson of the World Health Organisation’s decision-making executive body 2. India will have to decide on supporting the USA’s move to reinstate Taiwan’s observer status at the World Health Assembly (WHA) that is opposed by China. 3. India’s nominee will take over as the Chairperson, replacing Japan. 4. India is likely to hold the post for the next three years. 5. The seven-nation meeting was attended by the foreign ministers of Australia, Brazil, India, Israel, Japan, and the Republic of Korea. 6. All invitees other than India are major non-NATO allies of the United States, who would be expected to support USA’s move. 7. China has been referring to the “One-China” principle as a widely accepted universal consensus of the international community including the Indian government.
Post a Comment
Read more

ISRO selected For Indira Gandhi Prize For Peace – 2014

Awards and Honours Manmohan Singh Received Japan’s Top National Award Former Indian Prime Minister Manmohan Singh was conferred with the “Grand Cordon of the Order of the Paulownia Flowers” Award on 5 November. The “Grand Cordon of the Order of the Paulownia Flowers” is perceived as the second highest civilian award of Japan after “Order of the Chrysanthemum”. The award was presented to Manmohan Singh by Japanese Emperor Akihito at the Imperial Palace in Tokyo. He was given this award for his “significant contribution to the enhancement of relations and promotion of friendship” between Japan and India. He became the first Indian to receive this prestigious award. West Bengal’s Darjeeling Zoo Selected For Earth Heroes Award 2014 The Darjeeling Zoo or the Padmaja Naidu Himalayan Zoological Park was on 1 November selected for the prestigious International Award The Earth Heroes Award 2014. It has become the first zoo in India. It has competed with 300 zoos across the world. Padmaja...
Post a Comment
Read more

Reset password without entered previous password .....

                  STEPS:- 1) Just open command prompt via administrator. 2) Type command "net user" to view all account of your pc. 3) Type command "net user <username> *" i.e. enter username of which you want to     change the password. 4) After entering command, a message occur "Enter your new password" & "Re-enter    your new password". & then command successful message occur.                               OR if you want to change the password in only one step:-   Type command "net user <username> <password you want to rest>             
Post a Comment
Read more

India Citizenship Amendment Act 2019

Protection of minors 1. There have been several instances of police clashing with and detaining protesters in the Anti-CAA protests. 2. In several cases, those detained were minors under 18 years. Detention of minors 1. Juvenile Justice (Care and Protection of Children) Act, 2015 has specific procedures and rules in relation to children found to be in conflict with the law. 2. As soon as a child alleged to be in conflict with law is apprehended by the police, the child is to be placed under the charge of the special juvenile police unit or the designated child welfare police officer. 3. That officer should produce the child before the Juvenile Justice Board within a period of 24 hours excluding the time necessary for the journey from the place where the child was picked up. 4. In no case should a child alleged to be in conflict with the law be placed in a police lock-up or lodged in a jail. NCPCR 1. National Commission for Protection of Child Rights (NCPCR) is a statutory bod...
Post a Comment
Read more

Follow the Page for Daily Updates!