Irretrievable Breakdown of Marriage II

The loneliness and lack of co-habitation is stated to have caused physical and mental torture. Multiple efforts have been made even by this Court, but to no avail. The psychologist opined that the separation of 16 years since 2003 had made both the parties bitter and cynical about the relationship and there was no sign of any affection or bonding on either side. The marriage is a dead letter. If this is not a fit case to grant divorce, what would be a fit case!

It is no doubt true that the ground of irretrievable breakdown of marriage, as yet, has not been inserted in divorce law, despite a debate on this aspect by the Law Commission and recognition only on paper [R. Srinivas Kumar v. R. Shametha, (2019) 9 SCC 409].

We are of the view that the maintenance should be continued to be paid and it is open to move appropriate proceedings for either enhancement of this maintenance or reduction and cessation thereof.”

Hon’ble Justice Sanjay Kishan Kaul, Munish Kakkar v. Nidhi Kakkar, [Civil Appeal No. 9318 of 2014].


Also see, Sivasankaran v. Santhimeenal, [Civil Appeal Nos. 4984-4985 of 2021] decided on 13.09.2021.