life.
On the basis of the same, the Court declared the marriage
dissolved setting aside the judgment of the High Court.
32. In Anil Kumar Jain ... decree of divorce in such
cases. The Court has observed that Parliament is commended to pass
33
such an amended. But in any case
compromise between parties in divorce proceedings,
agreeing with each other to dissolve the marriage was never
regarded in law as consistent with public policy. Even ... understood as carte blenche granted by Parliament to the
spouses to dissolve the marriage on mutual agreement. The
said provision contains certain other postulates also
jurisdiction under Article 142 of the Constitution, the marriage may be dissolved in the interest of both parties was rejected ... additional ground included in Section 13 by the Act of Parliament, the appellant was free to avail the same at the appropriate time
counsel for the
Appellant that the marriage between the parties can be dissolved on
the ground of irretrievable break down of marriage ... marriage can be dissolved on this
ground under the Hindu Marriage Act, 1955 and it is for the
Parliament to enact or amend
jurisdiction under Article 142 of
the Constitution, the marriage may be dissolved in the
interest of both parties” was rejected.
68. The Court held that ... additional
ground included in Section 13 by the Act of Parliament, the appellant was free
to avail the same at the appropriate time
jurisdiction under Article 142 of the Constitution, the marriage may be dissolved in the interest of both parties was rejected.
68. The Court held that ... additional ground included in Section 13 by the Act of Parliament, the appellant was free to avail the same at the appropriate time
appellant has stated that this Court in
some cases has dissolved a marriage on the ground of
irretrievable breakdown. In our opinion, those cases have ... done by the legislature and not by the Court. It is for
Parliament to enact or amend the law and not for the courts.
Hence
Section 13 , a Hindu marriage
solemnized under the Act cannot be dissolved on any
other grounds.
15) Finally, a feeble argument was made that both ... jurisdiction under Article 142 of the
Constitution their marriage may be dissolved in the
interest of both parties. Though, on a rare occasion, this
Court
Darshan Gupta vs Radhika Gupta on 1 July, 2013
Author: Jagdish Singh Khehar
Bench: Jagdish
appellant has stated
that this Court in some cases has dissolved a marriage
on the ground of irretrievable breakdown. In our
opinion, those cases have ... legislature and
not by the Court. It is for the Parliament to enact or
amend the law and not for the Courts. Hence
