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In which decision did the Supreme Court recommend a uniform law of marriage and divorce that would recognise irretrievable breakdown and mutual consent as grounds for divorce, and direct that its…

Question and options

In which decision did the Supreme Court recommend a uniform law of marriage and divorce that would recognise irretrievable breakdown and mutual consent as grounds for divorce, and direct that its judgment be sent to the Ministry of Law and Justice?

  1. Jorden Diengdeh v. S.S. Chopra

  2. Sarla Mudgal v. Union of India

  3. Shilpa Sailesh v. Varun Sreenivasan

  4. Naveen Kohli v. Neelu Kohli

Answer and explanation

Correct answer: A - Jorden Diengdeh v. S.S. Chopra

In Jorden Diengdeh v. S.S. Chopra (1985) the Supreme Court said it appeared necessary to introduce irretrievable breakdown of marriage and mutual consent as grounds of divorce in all cases, urged a uniform law of marriage and divorce, and directed that a copy of its order be forwarded to the Ministry of Law and Justice. Naveen Kohli v. Neelu Kohli (2006) recommended adding irretrievable breakdown as a ground only in the statute governing Hindu marriages, not a uniform law covering mutual consent, and Sarla Mudgal (1995) concerned conversion to Islam to contract a second marriage. Shilpa Sailesh (2023) dealt with the Court's own power under Article 142 to dissolve a marriage that has irretrievably broken down.

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