Therefore, it would not be appropriate to apply
any submission of "irretrievably broken
marriage" as a straitjacket formula for grant of
relief ... reasonably inferred that
the marriage between the parties has broken down
irretrievably.
In A. Jayachandra v. Aneel Kaur reported
this case
we would also like to examine the concept of Irretrievable
Breakdown of Marriage particularly with reference to
recently decided cases.
Impact of Physical ... reasonably inferred that
the marriage between the parties has broken down
irretrievably.
In Chetan Dass vs. Kamla Devi reported in (2001)
4 SCC 250 , this
directly. The respondent was not
to suffer any injustice which was irretrievable. The
respondent can sue the appellant for damages. There cannot
be any basis ... case for apprehension that irretrievable
damage would be caused, if any. His Lordship was of the
opinion that this was not a case in which
restrain HSCL from enforcing the bank guarantees. It also
held that no irretrievable injustice would be caused to HSCL
as it can recover damages from ... clear case
of
fraud and is likely to result in irretrievable injustice.
The law is so declared, according to him, by the decisions
of this
directly. The respondent was
not to suffer any injustice which was
irretrievable. The respondent can sue the
appellant for damages. There cannot be any
basis ... case for apprehension that
irretrievable damage would be caused
where allowing the encashment of an
unconditional bank guarantee would result in
irretrievable harm or injustice to one of the
parties concerned. Since in most ... injustice contemplated under this head must be
of such an exceptional and irretrievable nature
as would over ride the terms of the guarantee
question were
allowed to be invoked and encashed, irretrievable injustice would be caused
to TRF as it would be in no position to make ... decide
whether the invocation in terms of the BGs would cause irretrievable
injustice to the other party.
35. Referring to the judgment in the Consortium
fact that
the marriage between the husband and wife has irretrievably
broken down and reunion is not at all possible, the learned
single Judge ... must give reasons or the withdrawal
must be based on reasonable
grounds. Irretrievable breakdown of
marriage by itself is nota
sufficient ground for dissolution
credit,
it cannot be interfered with unless
there is fraud and irretrievable
injustice involved in the case and fraud
has to be an established fraud ... irretrievable injustice which
was made the basis for grant of
injunction really was on the ground that
the guarantee was not encashable on its
terms
decided to live separately. According to the parties,
their marriage has been irretrievably broken down and
reconciliation is out of question.
Learned counsel ... infructuous.
7. Both the parties submit that their
marriage has broken down irretrievably
and that there is no possibility of the
parties living together
