Irretrival breakdown of marraige

Bhaskar,

Irretrievable breakdown of marriage is not yet a valid ground for divorce - the legislation is still pending in Rajya Sabha.

Currently  under power given to Supreme court, only the apex body sometimes gives divorce decree in case marriage has been broken down beyond repair.

What are those conditions please ?

Thanks

I did not get your question.

Are you asking how apex court determines whether Irretrievable breakdown  of marriage has happened?

There are few which I know

1. They have not been living together for last seven years.

2. One party is not taking benifit of his/her own mistakes - so if a person has committed cruelty - the same person can not ask for divorce.

There are no exaustive well spelled out list of conditions though.

I suggest you to read a few judgments on this topic form apex court.

Sorry, Onlytruth, it is not what you stated.

The conditions  in the proposed legislation would be:

1. They have not been staying together for minimum 3 years

2. Sufficient provisions are made for upkeep of children out of wedlock.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Shonne,

I was not mentioning about the condition in proposed bill.

I was commenting how apex court is curreently giving divorce on IrBM.

SC is not granting divorce based on these ground. It is using discretion under 142 of Indian Constitution based on diverse facts.

Only SC can use this discretion, no lower court can.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com