Constitution of India – Art.142 – Hindu Marriage Act, 1955 – ss.13(1)(ia), 13(1)(iii) – Whether on facts there is irretrievable breakdown of marriage and it ought to be dissolved on that ground in exercise of jurisdiction u/Article 142: Held: Yes – Parties have lived separately for over a decade and there is a complete absence of marital ties – Multiple attempts at reconciliation through mediation have failed – Neither party has shown any willingness or inclination to restore the marital bond – Marriage has completely and irrevocably broken down – Continuing such a marriage would only perpetuate hardship and serve no useful purpose – The marriage between the appellant and the respondent dissolved u/Art.142 on the ground of irretrievable breakdown of marriage – However, the respondent-mother is entitled to visitation rights with her daughter, in the terms directed. [Paras 9, 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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