Irretrievable Breakdown of Marriage Not a Ground for Divorce in Family Courts, Clarifies Delhi High Court
The Delhi High Court has ruled that family courts are not empowered to grant divorce on the ground of irretrievable breakdown of marriage. The court cited the Supreme Court’s recent decision in Shilpa Sailesh v. Varun Sreenivasan, where it held that the power to grant divorce on this ground is vested in the Supreme Court under Article 142 of the Constitution.
The Delhi High Court also observed that irretrievable breakdown of marriage is not a ground for divorce under any of the personal laws in India. The court said that family courts must strictly restrict their considerations to the statutory provisions while granting divorce.
This ruling is significant because it clarifies the law on divorce in India. It also means that couples who are seeking a divorce on the ground of irretrievable breakdown of marriage will have to file a petition in the Supreme Court.
While this may seem like a more cumbersome process, it is important to note that the Supreme Court has been more liberal in granting divorce on this ground in recent years. The court has also made it clear that it will not hesitate to exercise its powers under Article 142 to do complete justice to both parties in a divorce case.
If you are considering filing for divorce on the ground of irretrievable breakdown of marriage, it is important to consult with an experienced lawyer to discuss your options.