Before,
THE HON’BLE High COURT OF SPITI
MATRIMONIL PETITION
IN THE MATTER OF
Neha Verma…………….Petitioners
v.
Rahul Verma…………. Respondents
W.P NO. /2025
SUBMISSION ON BEHALF OF PETITIONERS
REFERENCES
A Family Court cannot grant a divorce solely on the grounds of an irretrievable breakdown of
marriage. The Hindu Marriage Act, 1955 (HMA) does not recognize "irretrievable
breakdown" as a standalone ground for divorce. While the Supreme Court can exercise its
discretionary power under Article 142 to grant divorce in such cases, this is not a right, but a
matter of judicial discretion to be used cautiously.
In general, family law does not typically recognize "irretrievable breakdown of marriage" as
a standalone ground for divorce. While many jurisdictions have this as a ground for divorce,
many others do not. Specifically, the Hindu Marriage Act 1955 in India does not recognize
irretrievable breakdown as a ground for divorce, and Family Courts in India cannot grant
divorces based solely on this ground, according to the Delhi High Court. Instead, family law
typically requires specific grounds for divorce, such as cruelty, adultery, desertion, etc., as
outlined in the relevant marriage laws.
Elaboration:
Specific Grounds:
Family law usually lists specific grounds for divorce that must be proven by the petitioner.
These grounds vary by jurisdiction but may include things like cruelty, abandonment,
adultery, or desertion, according to SCC Online.
Irretrievable Breakdown as a "Catch-All":
While not a ground for divorce in many jurisdictions, the concept of "irretrievable
breakdown" is sometimes used in a more general sense, particularly in cases where parties are
separated for a long time and there is no hope of reconciliation. However, this is not a legal
basis for divorce on its own.
Constitution of lliana (analogous to the constitution of India)
Hindu Marriage Act 1955
Domestic Violence Act 2005
Manish Goel v. Rohini Goel (2010)SC
K. Srinivas Rao v. D.A. Deepa (2013) SC
MEMORIAL
OF
RESPONDENT
