Subramaniam (NA) 15 January 2011

divorce grated by family court on basis of irretrivable brea

My is grated by family court on basis of irretrivable break down of marriage , bu my x-wife has now applead in high court saying its not a ground to grand divorce by the family court .

I had filed for divorce initialy based on cruelty and dessertion, so we have appealed telling to take these points into consideration , we have been now seperated fro 6 years .Divorce was filed 6 yrs back greanted by family court 1 yr back .

Is there any chance that we loose in high court , how can we win and speed up the divorce process ...

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5 Replies

Arvind Singh Chauhan (advocate) 15 January 2011

Please go throung the judgment on divorce on "irretrivable break down of marriage" with reasoned vioce of supreme court in which dicorce was granted on same ground.

Just go through the last para of page 18 and the last para of judgment.

HC in this case rejected the divorce on the ground that "irretrivable break down of marriage"is no ground. But SC granted.

Attached File : 49 49 sec 13 irretrivable break down of marriage should be ground of divorce sc.pdf downloaded: 218 times

Arvind Singh Chauhan (advocate) 15 January 2011

Just find one more latest judgment of Uttarakhand HC on same point.

Attached File : 28 28 irretrivable break down of marriage should be.doc downloaded: 167 times

neel (self) 16 January 2011

Only SC has the powers to grant divorce under 'irretrievable breakdown of marriage' and not the FC or HC which can grant divorce under this caluse.

Tajobsindia (Senior Partner ) 16 January 2011

@ Author

1. Limitation period to challenge (Appeal) is 90 days ir-respective if the said divorce was worded as IrBM.

2. May be it might be granted as ex-prty, hence the cause of action arise by wife "now" as you say.

However, dependent upon the age of litigants it may get dismissed is my view. Keepign fingers crossed on "ex party" aprehension I raised above !

@ Arvind

I was aware of UTK HC IrBM granting last year and since miya - ex biwi are raazi so it was never challenged and to top it no other Lawyer took the persuasive opinion of UTK HC into their clients cases (if similar) and got IrBM divorce at HC level is my under statement !

Any light on above post UTK HC which any other HC granted ? It would be interesting SLP (civil) in SC then :-)