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

Most Important Topics. International , Science , UPSC, BPSC..

  International Relations Prev First in-Person Meeting of Quad Countries           Star marking (1-5) indicates the importance of topic for CSE Tags:  GS Paper - 2 Groupings & Agreements Involving India and/or Affecting India's Interests Why in News Recently, the first in-person meeting of  Quad  leaders was hosted by the US. Issues like climate change, Covid-19 pandemic and challenges in the Indo Pacific, amidst China's growing military presence in the strategic region, were discussed in the meeting. Key Points Background: In  November 2017, India, Japan, the US and Australia gave shape to the long-pending proposal of setting up the Quad  to develop a new strategy to keep the critical sea routes in the Indo-Pacific free of any influence. China claims nearly all of the disputed  South China Sea , though Taiwan, the Philippines, Brunei, Malaysia and Vietnam all claim parts of it. The South China Sea is an arm of the Western ...
1 comment
Read more

History of Ladakh

History of Ladakh History of India The standoff at Galwan river raised the question of the significance of Ladakh to India and China. History 1. Ladakh was initially part of Tibetan empire but later broke off in 742 CE after the assassination of King Langdarma. 2. Until the Dogra invasion in 1834, Ladakh was an independent Himalayan state similar to Sikkim and Bhutan. 3. It was integrated into the state of Jammu and Kashmir by the Dogra ruler Gulab Singh. 4. In 1841, Tibet under the Qing dynasty of China tried to invade Ladakh but was defeated by the Sikhs. This led to the Treaty of Chushul by which Tibet agreed to not invade again. 5. After the Anglo-Sikh war in 1845-46, Ladakh was brought under British suzerainty. Significance of Ladakh 1. Ladakh served as an entrepot between Central Asia and Kashmir. Tibetan pashmina shawl was traded through Ladakh to Kashmir. 2. Trade flourished from Karakoram pass to Yarkand and Kashgar to Chinese Turkestan. China’s inte...
Post a Comment
Read more

Apple is testing a ChatGPT-like AI chatbot

  According to a recent report by Bloomberg's Mark Gurman, Apple is making significant strides in the development of artificial intelligence tools to rival the likes of OpenAI and Google. Internally referred to as "Apple GPT," the tech giant has created a chatbot using its proprietary framework called "Ajax." This framework, built on Google Cloud with Google JAX, enables the creation of large language models similar to ChatGPT and Google's Bard. While Apple is yet to finalize its strategy for consumer release, it is reportedly planning a major AI-related announcement next year. The chatbot's internal rollout faced delays due to security concerns related to generative AI. However, it has been made available to a growing number of Apple employees with special approval, primarily for product prototyping purposes. Apple's chatbot can summarize text and answer questions based on its training data. Although it shares similarities with commercially availabl...
Post a Comment
Read more

The discovery of Gravitational Waves.

वैज्ञानिकों  ने  अंतरिक्ष  में  गुरूत्वीय  तरंगों  की ऐतिहासिक    की: वैज्ञानिकों ने 11 फरवरी 2016 को घोषणा की कि उन्होंने अंतत: उन गुरूत्वीय तरंगों की खोज कर ली है, जिसकी भविष्यवाणी महान वैज्ञानिक आइंस्टीन ने एक सदी पहले कर दी थी। ब्रह्मांड में जोरदार टक्करों के कारण पैदा होने वाली इन तरंगों की खोज खगोलविदों को इसलिए उत्साहित कर रही है क्योंकि इससे ब्रह्मांड का अवलोकन उसकी क्रमबद्धता में करने का एक नया रास्ता खुल गया है। इस नयी खोज में खगोलविदों ने अत्याधुनिक एवं बेहद संवेदनशील लेजर इंटरफेरोमीटर ग्रेविटेशनल वेव ऑबजर्वेटरी (लीगो) का इस्तेमाल किया, जिसकी लागत 1.1 अरब डॉलर है। लीगो की मदद से उन्होंने दूर दो ब्लैक होल के बीच हुई हालिया टक्कर में पैदा हुई गुरूत्वीय तरंग का पता लगाया। गुरूत्वीय तरंगों की सबसे पहली व्याख्या आंइस्टीन ने वर्ष 1916 में अपने सापेक्षिता के सामान्य सिद्धांत के तहत की थी। ये चौथी विमा दिक्-काल में असाधारण रूप से कमजोर तरंगें हैं। जब बड़े लेकिन सघन पिंड, जैसे ब्लैक होल या न्यूट्रॉन स्टार आपस में टकराते हैं तो उनके गुरूत्...
Post a Comment
Read more

How to Solve Profit & Loss Questions? Tips & Tricks(SSC CGL)

  How to Solve Profit & Loss        Questions? Tips & Tricks Important Concepts Cost Price  The price at which an article is purchased, is called its cost price. It is abbreviated as  C.P . Selling Price The price, at which an article is sold, is called its selling prices, abbreviated as  S.P. Profit/gain  = SP – CP Profit  % = Profit/(C P)×100 S P  = (100+gain % )/100  ×C P C P  = 100/(100+gain %)×S P Loss If the overall Cost Price exceeds the selling price of the buyer then he is said to have incurred loss . Loss  = C P – S P Loss  % = LOSS/(C P)×100 S P  = (100-loss %)/100×C P C P  = 100/(100-loss %)×S P Profit and Loss Based on Cost Price To find the percent gain or loss, divide the amount gained or lost by the cost.  Example 1 : A toy that cost 80 rupees is sold at a profit of 20 rupees . Find the percent or rate of profit. Answer : Gain / cost...
Post a Comment
Read more

Follow the Page for Daily Updates!