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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…

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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?

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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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