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Documents citing Vishnu Dutt Sharma vs Manju Sharma on 27 February, 2009

Puneet Kumar Trivedi vs Smt. Nitika Pathak on 29 April, 2020

"12. In the above background, keeping in view the nature of allegations made and the evidence tendered in that regard, we find that the consideration made by the trial court with reference to the reliability of the evidence is more appropriate. As already noticed the High Court, while taking note of the nature of allegations made has proceeded on the basis that there is irretrievable breakdown of the marriage. Needless to mention that irretrievable breakdown of marriage by itself is not a ground provided under the statute for seeking dissolution of marriage. To this effect it would be apposite to refer to the decision rendered by this Court to that effect in Vishnu Dutt Sharma v. Manju Sharma [Vishnu Dutt Sharma v. Manju Sharma, (2009) 6 SCC 379 : (2009) 2 SCC (Civ) 897] relied upon by the learned counsel for the appellant. No doubt on taking note of the entire material and evidence available on record, in appropriate cases the courts may have to bring to an end, the marriage so as not to prolong the agony of the parties. However, in the present facts, at this point in time even that situation does not arise in view of the changed scenario on the death of the respondent herein."
Allahabad High Court Cites 45 - Cited by 1 - Full Document

Smt. Monika Gupta vs Jitendra Gandhi on 6 August, 2019

47. Argument of the counsel for respondent-husband, that this Court does not have any jurisdiction to grant decree of divorce on the ground of irretrievable break down of marriage under Section 13 has no force, as the appellant had filed petition for divorce on the ground of cruelty and the Apex Court while dealing in case of Vishnu Datt Sharma (supra) and Darshan Gupta (supra) had held that irretrievable break down of marriage is not a ground under Section 13, but the Apex Court in case of Samar Ghosh (supra) and Naveen Kohli (supra) while dealing with the similar situation in which divorce was sought on the ground of mental cruelty. The Court went further and held that where one of the parties, who was subjected to mental cruelty and the marriage cannot be sustained any more having been broken down, came up with the concept of irretrievable break down of marriage. In the present case also the appellant, who has been subjected to mental cruelty by the respondent-husband is also entitled for a decree of divorce as her marriage has completely broken down and no chance of survival remains.
Allahabad High Court Cites 23 - Cited by 0 - Full Document

Rupak Rathi vs Anita Chaudhary on 9 April, 2014

"13. We are not impressed by this submission at all. There is nothing to indicate that the respondent has contributed in anyway to the alleged breakdown of the marriage. If a party to a marriage, by his own conduct brings the relationship to a point of irretrievable breakdown, he/she cannot be allowed to seek divorce on the ground of breakdown of the marriage. That would simply mean giving someone the benefits of his/her own misdeeds. Moreover, in a later decision of this Court in Vishnu Dutt Sharma v. Manju Sharma 2009(2) R.C.R.(Civil) 506 : 2009(2) R.A.J. 542 : (2009) 6 SCC 379, it has been held that irretrievable breakdown of marriage is not a ground for divorce as it is not contemplated under section 13 and granting divorce on this ground alone would amount to adding a clause therein by a judicial verdict which would amount to legislation by Court. In the concluding paragraph of this judgment, the Kumar Paritosh 2014.04.09 15:34 I attest to the accuracy and integrity of this document CR-3130-2013 (O&M) : 28 : Court observed :
Punjab-Haryana High Court Cites 29 - Cited by 3 - Full Document

K.Kuppuraj vs M.Rajasulochana on 3 April, 2014

20. Even though there is no provision incorporated in the Hindu Marriage Act, 1955 for granting divorce on the ground of "irretrievable breakdown of marriage" and that the Courts cannot function as a Legislature and grant the relief of divorce by adding the said ground "irretrievable ground" as rightly held by the Bench of two Judges of Apex Court, in "Vishnu Dutt Sharma versus Manju Sharma (2010) 6 SCC 379" as the law declared by the Supreme Court in terms of Article 32 read with 142 will have the effect of law by virtue of Article 141, till such time, the decision being taken by the Legislature, the decisions rendered by the Bench of three Judges in "A.Jayachandra versus Aneel Kaur reported in (2005) 2 SCC 22" and in "Samar Ghosh versus Jaya Ghosh reported in (2007) 4 SCC 511" will prevail unless and otherwise, they are modified or changed by a larger Bench.
Madras High Court Cites 13 - Cited by 4 - S Vaidyanathan - Full Document

Shailendra Kumar Singh vs Smt. Reeta Singh And Another on 19 December, 2019

"12. In the above background, keeping in view the nature of allegations made and the evidence tendered in that regard, we find that the consideration made by the trial court with reference to the reliability of the evidence is more appropriate. As already noticed the High Court, while taking note of the nature of allegations made has proceeded on the basis that there is irretrievable breakdown of the marriage. Needless to mention that irretrievable breakdown of marriage by itself is not a ground provided under the statute for seeking dissolution of marriage. To this effect it would be apposite to refer to the decision rendered by this Court to that effect in Vishnu Dutt Sharma v. Manju Sharma [Vishnu Dutt Sharma v. Manju Sharma, (2009) 6 SCC 379 : (2009) 2 SCC (Civ) 897] relied upon by the learned counsel for the appellant. No doubt on taking note of the entire material and evidence available on record, in appropriate cases the courts may have to bring to an end, the marriage so as not to prolong the agony of the parties. However, in the present facts, at this point in time even that situation does not arise in view of the changed scenario on the death of the respondent herein."
Allahabad High Court Cites 50 - Cited by 4 - Full Document
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