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Piyush Shukla (Manager)     26 August 2010

Can I get divorce on basis Irrerievable breakdown

Hi,

My Marriage had taken place in April 2008 at Ranchi. After marriage we hardly stayed for 10 days together & then she moved to work at Hyderabad.

Then we both moved to Kokata in a rented house in order to stay & work together.
It is Nov 2008 since my wife left me. We stayed only for 2 months i.e Oct-Nov 2008 together at Kolkata. AFter quarrels she left me & the house and moved to some other place at Kolkata. This year in April she moved out to Mumbai to stay with her brother & Bhabhi. She is now doing job there.
.
Taking to her & her parents have increased bitterness only over the years. This episode had really a bad effect on me mentally. I can't bear to talk to them anymore.

My Question is :

1. Can I apply for divorce on grounds of "Irretrievable breakdown of marraige " now ?
2. Is "Irrerievable breakdown of marriage" a law now ,Or still pending final approval ?
(I don't have idea:when a new law becomes applicable in court? )
3. Can I apply for divorce without need of contacting my wife or my in-laws , as I don't have idea of my wife's present address & they are not willing to co-operate ?


Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 August 2010

Irretrievable breakdown of marraige is not yet a ground for divorce. The Bill is yet pending to become a law. Try for divorce by mutual consent if possible. It will relieve both of you without mud spilling upon eachother. You can unilaterally apply for divorce on the ground of desertion, but there should be 2 years of desertion prior to filing of the petition.

Vinoba (Advocate)     15 September 2010

Hello,

In 2010 the Supreme court has categorically held that irretrievable breakdown is not a ground for divorce.

L. Vinoba,

Advocate,

Pondicherry.

Renuka Gupta ( Gender Researcher )     15 September 2010

Mr. Vinoba, 

 

It will be useful for the readers if you could share with us text of the judgement.

Thanks 


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