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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.

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