If a married couple wants divorce by mutual consent, it is not a court's business to deny them judicial separation by insisting on knowing the reason for their decision, the Madras high court has said.
Noting that a court could not act like a fact-finding authority, a division of Justice K K Sasidharan and Justice N Gokuldas said: "In case the marriage is a failure and the parties wanted to put an end to the marital bond, the court should respect the sentiments and grant divorce+ . It is not the intention of the legislature to deny divorce in spite of the parties taking a conscious decision to part ways."
Article referred: http://timesofindia.indiatimes.com/If-couple-wants-divorce-courts-cannot-ask-for-reasons-says-HC/articleshow/53644037.cmsZ
Noting that a court could not act like a fact-finding authority, a division of Justice K K Sasidharan and Justice N Gokuldas said: "In case the marriage is a failure and the parties wanted to put an end to the marital bond, the court should respect the sentiments and grant divorce+ . It is not the intention of the legislature to deny divorce in spite of the parties taking a conscious decision to part ways."
Article referred: http://timesofindia.indiatimes.com/If-couple-wants-divorce-courts-cannot-ask-for-reasons-says-HC/articleshow/53644037.cmsZ
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