Prayagraj: The Allahabad High Court has observed that irretrievable marriage breakdown should be made a legal basis for divorce while asking the Centre to make necessary amendments in the Hindu Marriage Act 1955 in line with directions passed by the Supreme Court in various orders in this matter. A bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar Chaturth observed while hearing the revision petition filed against the order of the Meerut Family Court to accept the divorce petition filed by IPS officer Asit Kumar Panda.
The High Court said that once the husband and wife have separated and this separation continues for a long time, there is no scope left to improve the relationship between them. In such a situation, when one of the spouses applies for divorce, it can be well understood that the marriage is completely broken, the court observed.
The court said that delay in granting divorce will harm both parties. However, in absence of any law in this regard in the Hindu Marriage Act, courts cannot order divorce on the ground of irreparable breakdown of marriage, the court said. The High Court said that the Hindu Marriage Act 1955 does not recognise the irreparable breakdown of marriage as the ground for divorce.
Also read: Divorce cannot be unilateral under Article 142 - SC
The High Court said that the courts should try to save the marriages with all seriousness, but if it seems that the relationship cannot be improved, there should be no delay in granting a divorce. The court said that in the absence of any law in this regard, the Supreme Court has recently held in the Munesh Kakkar case that only the apex court in the exercise of its powers under Article 142 can order divorce on the ground of irreparable breakdown of the marriage.
The Supreme Court has also recommended to the Central Government in the Naveen Kohli case that the irreparable breakdown of marriage should be made the basis of divorce by bringing an amendment to the Hindu Marriage Act. In the Samar Kohli case, the Supreme Court has referred to the 71st report of the Law Commission, that a marriage that has become entirely ineffective should be made the ground for divorce.
Pertinently IPS officer Asit Panda had applied for divorce in the Family Court Meerut, accusing his wife Gayatri Mohapatra and their family members of mental cruelty. On the basis of the evidence available in the Family Court, the divorce was approved considering it a case of mental cruelty. Gayatri Devi had filed a revision application in the High Court against this order. The court, while rejecting the application, upheld the family court's order.
