Irretrievable Break Down Is Not A Ground To Grant Divorce In A Contested Action: Calcutta HC [Read Judgment]

Ashok Kini

8 Feb 2019 11:56 AM IST

“In the absence of legislation irretrievable break down of marriage cannot be held to be a valid ground for dissolution of the marital tie. The same will set a very bad precedent and will give rise to a dangerous trend in the society. Unwilling or erring partners without any fault of the other partner will proceed before the Court for obtaining divorce on the said ground.”

A Division bench of Calcutta High Court gave a split verdict in an appeal filed by a woman against a district court order granting divorce to her husband on the ground of irretrievable breakdown of marriage. The District court, though found that the cruelty as urged by the man is not proved, had granted divorce on the ground that the marriage between the parties is irretrievably...

Irretrievable Break Down Is Not A Ground To Grant Divorce In A Contested Action: Calcutta HC [Read Judgment]

Ashok Kini

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