#irretrievable breakdown

MP High Court rules that persistent physical incapacity to consummate marriage, when concealed from the spouse, amounts to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The judgment sets a precedent for divorce on grounds of cruelty where medical incapacity is wilfully hidden, impacting matrimonial disputes involving non-disclosure of physical limitations.

The Supreme Court ruled that a woman’s pursuit of her professional career and decision to live separately for her child’s welfare cannot be construed as cruelty or desertion under matrimonial law. The judgment underscores that marriage does not extinguish a woman’s autonomy, and societal expectations cannot override her right to dignity and self-determination.

The Supreme Court quashed domestic violence proceedings filed after a ₹89 lakh mediated settlement, ruling that post-settlement litigation constitutes abuse of process. Invoking Article 142, the Court dissolved the marriage on grounds of irretrievable breakdown, even in the absence of statutory divorce grounds, setting a precedent for similar disputes.

The Calcutta High Court has ruled that prolonged separation coupled with false criminal complaints against a spouse can collectively amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, allowing divorce even when direct physical cruelty is unproven. This sets a critical precedent for recognizing psychological and procedural abuse as valid grounds for marital dissolution in India.

Jharkhand High Court rules that a 20-year separation irrevocably breaks a marriage under Section 13 of the Hindu Marriage Act, justifying divorce. The court awarded Rs. 50 lakh as one-time alimony, including Rs. 10 lakh earmarked for the daughter’s education, setting a precedent for long-term separation cases.

Madhya Pradesh High Court holds that repeated desertion and prolonged separation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, permitting divorce on irretrievable breakdown.

Madhya Pradesh High Court holds that prolonged separation without cohabitation, coupled with complete breakdown of marital ties, amounts to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

Telangana High Court holds that when marriage is irretrievably broken, courts must award permanent alimony to spouse, especially when children's welfare is at stake.