Consent Of Parties Not Necessary To Dissolve Marriage On Ground Of Irretrievable Breakdown: Supreme Court

\”The Supreme Court observed that the consent of the parties is not necessary to order the dissolution of marriage on the ground of irretrievable breakdown under Article 142 of the Constitution.

In this case, the High Court reversed the decree of dissolution of the marriage between a couple. The Family Court had earlier allowed petition filed by the husband seeking divorce on the ground of cruelty.\”

\”Referring to the facts of the case, the Apex Court bench noted that there is nothing which is made out to justify a decree of dissolution of marriage on the ground of cruelty. The court noted that the parties have been living separately since 18.01.2000, for more than 22 years.

Since this is not a case where both parties are agreeable for a dissolution by way of irretrievable breakdown of marriage. The issue therefore considered was whether the consent of the parties is necessary to order dissolution of marriage on the ground of irretrievable breakdown?\”

Judgment: N Rajendran vs S Valli

Source: www.livelaw.in