ving the marriage by granting a decree of divorce. The Delhi
' High Court in a Full Bench decision in Ram Kali' v. Gopal ... question as to which party
was at fault before granting a decree of divorce, and it would be
enough to prove that the relations between
wife, aggrieved by judgment and decree dated 17.9.2012 by which
appellant's application for grant of decree of divorce under Section ... undue weightage to
trivial contradiction in the evidence, refused to grant decree of divorce.
Learned counsel for the appellant-husband further argued that learned lower
concluded that same by itself is not sufficient to grant decree of divorce as prayed for by plaintiff-appellant.
15. Section ... proved and in what decree it has to be proved so as to grant of decree of divorce on the ground of 'cruelty
below, grant a decree of divorce.
(5) Every decree of divorce shall in the first
instance be a decree nisi and shall not be made ... Family Court for decree of
divorce.
Thereafter in the same Judgment in Paras 28 and 29, granted
decree of divorce considering the circumstances subject
respondent and granting decree of judicial separation for
two years, while rejecting the relief for grant of divorce in
FCOP.No.214 of 2008 filed ... wiped out by mere
grant of decree for judicial separation. It was further observed that
inspite of granting decree of judicial separation, the husband
make a decree for divorce. If the
view is otherwise, the Court could make an enquiry and pass a divorce
decree even at the instance ... legislature is to confer
jurisdiction upon the Court to grant decree for divorce on mutual consent on
moving the same jointly by both the parties
granted a decree of divorce. In view
of the order granting a decree of divorce as prayed for by the respondent, the
Family Court dismissed ... 2297/2013
instead of granting a decree of divorce for dissolution of marriage. In this
context, the learned counsel for the appellant placed reliance
whereby and whereunder his request for dissolution of
marriage by grant of decree of divorce, under Section ... that the ground of cruelty was not made out to grant decree of
divorce. So far as non-cohabitation as a ground under Section
under Article 142(1) of the Constitution of
India to grant a decree of divorce to the parties herein on the
ground of irretrievable breakdown ... India thereby dissolving the marriage of the parties and
granting a decree of divorce; and/or
b. Pass any such other and further order
Court below concluded that Plaintiff is clearly entitled to grant of decree of divorce in terms of Section ... there is no ground of irretrievable breakdown of marriage for granting decree of divorce. Court said that it cannot add such a ground to Section
