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1 - 6 of 6 (0.18 seconds)Section 27 in The Special Marriage Act, 1954 [Entire Act]
Samar Ghosh vs Jaya Ghosh on 26 March, 2007
7. The Respondent, who did not appear before the trial
court after filing of written statement, did not respond to the
request made by the High Court for personal appearance. In
spite of service of Notice, the Respondent did not show any
interest to appear in this Court also. This conduct of the
Respondent by itself would indicate that she is not interested
in living with the Appellant. Refusal to participate in
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proceeding for divorce and forcing the appellant to stay in a
dead marriage would itself constitute mental cruelty [Samar
Ghosh v. Jaya Ghosh1]. The High Court observed that no
attempt was made by either of the parties to be posted at the
same place. Without entering into the disputed facts of the
case, we are of the opinion that there is no likelihood of the
Appellant and the Respondent living together and for all
practical purposes there is an irretrievable breakdown of the
marriage.
Manish Goel vs Rohini Goel on 5 February, 2010
8. This court in a series of judgments has exercised its
inherent powers under Article 142 of the Constitution for
dissolution of a marriage where the Court finds that the
marriage is totally unworkable, emotionally dead, beyond
salvage and has broken down irretrievably, even if the facts
of the case do not provide a ground in law on which the
divorce could be granted [Manish Goel v. Rohini Goel2].
Rishikesh Sharma vs Saroj Sharma on 21 November, 2006
Admittedly, the Appellant and the Respondent have been
living separately for more than 17 years and it will not be
possible for the parties to live together and there is no
purpose in compelling the parties to live together in
1 (2007) 4 SCC 511 [para101 (xiv)]
2 (2010) 4 SCC 393 [para 11]
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matrimony [Rishikesh Sharma v. Saroj Sharma3]. The
daughter of the Appellant and the Respondent is aged about
24 years and her custody is not in issue before us. In the
peculiar facts of this case and in order to do complete justice
between the parties, we allow the Appeal in exercise of our
power under Article 142 of the Constitution of India, 1950.
The Special Marriage Act, 1954
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