In which of the following judgments, Supreme Court held that irretrievable breakdown of marriage is not…
Anil Kumar Jain distinguishes the absence of a statutory irretrievable-breakdown ground from the Supreme Court's extraordinary Article 142 power. Other courts do not acquire…
Choose your answer
In which of the following judgments, Supreme Court held that irretrievable breakdown of marriage is not a ground for divorce under Hindu Marriage Act, 1955 yet Supreme Court in exercise of extraordinary powers under Article 142 of the Constitution of India can grant the relief?
Answer and explanation
Correct answer A
Anil Kumar Jain distinguishes the absence of a statutory irretrievable-breakdown ground from the Supreme Court's extraordinary Article 142 power. Other courts do not acquire Article 142 powers merely because reconciliation is impossible.
Current law: Shilpa Sailesh (2023) authoritatively confirms Supreme Court discretion to dissolve an irretrievably broken marriage even if one spouse objects, subject to the identified factors and complete-justice limits. It does not add a general statutory divorce ground available to every court.
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