In which of these decisions did the Supreme Court explain that irretrievable breakdown is not a…
In Anil Kumar Jain v. Maya Jain (2009), the Supreme Court distinguished the statutory grounds in sections 13 and 13B from its power to do complete justice under Article 142.…
Choose your answer
In which of these decisions did the Supreme Court explain that irretrievable breakdown is not a statutory ground under sections 13 or 13B of the Hindu Marriage Act, 1955, but that the Supreme Court may grant relief under Article 142 of the Constitution?
Answer and explanation
Correct answer A
In Anil Kumar Jain v. Maya Jain (2009), the Supreme Court distinguished the statutory grounds in sections 13 and 13B from its power to do complete justice under Article 142. The case concerned a mutual-consent divorce petition in which one spouse withdrew consent before the decree.
Option feedback
Option A
Anil Kumar Jain states the distinction and invokes Article 142 to grant relief.
Option B
Dhannulal concerns a presumption of marriage from long cohabitation in a property dispute.
Option C
Krishna Bhatacharjee concerns recovery of stridhan and judicial separation under the Domestic Violence Act.
Option D
Ramchander concerns the statutory grounds of cruelty and desertion, rather than this Article 142 holding.
Option E
Anil Kumar Jain is available and contains the identified holding.
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