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

Linear Regression- Details

  Linear Regression: Linear regression is a statistical regression method which is used for predictive analysis. It is one of the very simple and easy algorithms which works on regression and shows the relationship between the continuous variables. It is used for solving the regression problem in machine learning. Linear regression shows the linear relationship between the independent variable (X-axis) and the dependent variable (Y-axis), hence called linear regression. If there is only one input variable (x), then such linear regression is called  simple linear regression . And if there is more than one input variable, then such linear regression is called  multiple linear regression . The relationship between variables in the linear regression model can be explained using the below image. Here we are predicting the salary of an employee on the basis of  the year of experience . Below is the mathematical equation for Linear regression: Y= aX+b   Here,...
Post a Comment
Read more

đź”°VOCABULARYđź”°

1. OBFUSCATE (VERB): (उलझाना): confuse  Synonyms: baffle, bewilder  Antonyms: clarify, explicate  Sentence:- The new rule is more likely to obfuscate people than enlighten them.  2. BRINK (NOUN): (कगार): fringe  Synonyms: periphery, threshold  Antonyms: center, middle  Sentence:- This woman could bring me to the brink of insanity.  3. INTERMITTENT (ADJECTIVE): (सविराम): irregular  Synonyms: fitful, infrequent  Antonyms: regular, frequent  Sentence:- The holiday lights are intermittent and flicker on and off constantly.  4. HERALD (NOUN): (अग्रदूत): messenger  Synonyms: adviser, bearer  Antonyms: pupil, student  Sentence:- A herald sent forward to announce the coming of a king.  5. INSULAR (ADJECTIVE): (संकुचित ...
Post a Comment
Read more

UPSC ,PSC MCQ

. Khajuraho Temples are dedicated to which of the following religion? 1.     Hinduism 2.     Jainism 3.     Buddhism Select the correct code: a     1 and 2 b     2 and 3 c      1 and 3 d     All of the above  Explanation: ✍Solution (a) It is a group of Hindu and Jain Temples in Madhya Pradesh build by Chandela Dynasty between 950 and 1050 AD. They are UNESCO World heritage Site. The temples are famous for their nagara-style architectural symbolism and their erotic sculptures. The largest temple at Khajuraho is the Kandariya Mahadeva temple which is attributed to king Ganda. The 10th century Bhand Deva Temple in Rajasthan was built in the style of the Khajuraho monuments and is often referred to as 'Little Khajuraho 🖊Which of the following statements is/are true about Socotra Island? 1. The island is part of Somalia, AfricA. 2. T...
Post a Comment
Read more

UPSC Notes

Solutions For Stubble burning Recommended Solutions For Stubble burning Stubble Burning near NCR regionSubsidies on Machines for clearing fieldsZero tolerance policy to stubble burningStubble should be converted into biofuels and fertilisersThere must also be a sense of proportion, as 80% of the atmospheric pollution in Delhi in winter draws from sources other than burning stubble.Given Delhi’s geography, low wind speeds and a spike in local pollution (from vehicles, biomass burning, firecrackers, etc.) raise the particulate matter count dramatically during winter. To be effective, the fight against pollution must necessarily be broad-basedneed of increased awareness and social movementfavoring electric mobilitydemotivate personal vehicles with stricter road pricing mechanisms
Post a Comment
Read more

Follow the Page for Daily Updates!