Which of these pre-2017 Supreme Court judgments stated that the Hindu Marriage Act, 1955, did not list…
Anil Kumar Jain v. Maya Jain distinguished the grounds available under the Hindu Marriage Act from the Supreme Court’s extraordinary power under Article 142. In 2023, the…
Choose your answer
Which of these pre-2017 Supreme Court judgments stated that the Hindu Marriage Act, 1955, did not list irretrievable breakdown as a ground for divorce, while recognising the Supreme Court’s power to grant relief under Article 142?
Answer and explanation
Correct answer A
Anil Kumar Jain v. Maya Jain distinguished the grounds available under the Hindu Marriage Act from the Supreme Court’s extraordinary power under Article 142.
In 2023, the Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan confirmed that the Supreme Court has discretion to dissolve an irretrievably broken marriage even if a spouse opposes.
Option feedback
Option A
This decision expressly drew the distinction between the Act and Article 142.
Option B
This case concerned a presumption of marriage from long cohabitation and related succession rights.
Option C
This case concerned a claim for return of stridhan under the domestic violence legislation after judicial separation.
Option D
This case dealt with whether the facts established matrimonial cruelty.
Option E
Anil Kumar Jain v. Maya Jain is listed.
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