grounds for divorce Archives

Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act

Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.

Case Briefs Supreme Court

“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases

The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.

Case Briefs Supreme Court

Forcing the husband to leave his parents, who are dependent on his income, amounts to cruelty

Supreme Court: Dealing with the case where the husband had sought divorce from his wife on the ground that she was forcing