Divorce on the ground of irretrievable breakdown of marriage exclusive jurisdiction of Supreme Court
Allahabad High Court has recently held that allowing Divorce on the ground of irretrievable breakdown of marriage is exclusive within jurisdiction of Supreme Court and is beyond jurisdiction of any other Court in India. The Court has also directed the Law Commission of the State to take appropriate steps to consider for incorporating the ground of ”irretrievable breakdown of marriage’ as grounds of divorce in Section 13 of the Hindu Marriage Act. The Court was considering an Appeal filed by Wife against the Judgment of IIIrd Additional Civil Judge, Senior Division (/ACJM), Gautam Buddha Nagar granting divorce to the Husband. In the judgment, the trial court had given finding that petitioner/husband had proved his case, and it is proved from the evidences that his Wife had treated the petitioner with cruelty in form of screaming and insulting before others, hurting and complaining in police. Trial court had also found there is evidence to the effect that that before filing of the petiti...