Neeti Malviya, T.P. (C) No. 899 of 2007 was rendered infructuous.
My Lord, Court can grant divorce in exercise of power under Article 142(1), in spite of opposition, when there is complete and irretrievable breakdown of marriage?
There is a difference between existence of a power and exercising same. Court should not philosophise on modalities of married life. N.G. Dastane v. S. Dastane, (1975) 2 SCC 326 held, ‘satisfied’ must connote satisfaction on ‘preponderance of probabilities’ and not ‘beyond a reasonable doubt’.
Sivasankaran v. Santhimeenal, 2021 SCC OnLine SC 702 observed, there was no necessity of consent by both parties to dissolve a marriage on ground of irretrievable breakdown of marriage. It is not a matter of right. It is a discretion which is to be exercised with great care and caution [Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746].
However, in Poonam v. Sumit, (2010) 4 SCC 460 it was rightly held, parties should not be permitted to file a Writ Petition under Article 32 or under 226 and seek divorce on ground of irretrievable breakdown of marriage. We accept this view in Poonam.
– Hon’ble Justice Sanjiv Khanna, Shilpa Sailesh v. Varun Sreenivasan, [Transfer Petition (Civil) No. 1118 of 2014].