SC for divorce sans mutual consent

 
“In this case, the parties are living separately for more than seven years. As part of the agreement between the parties the appellant (husband) had transferred valuable property rights in favour of the respondent (wife) and it was after registration of such transfer of property that she withdrew her consent for divorce,’’ said the bench consisting of Justices Altamas Kabir and Cyriac Joseph.

The apex court said it has applied the special power granted to it under Article 142 of the Constitution to grant divorce to the couple, after the wife withdrew her consent before a family court. However, the power under the special provision is only granted to the Supreme Court and not to high courts or lower courts.

“She still continues to enjoy the property and insists on living separately from the husband,’’ the apex court said while ruling that the marriage between Anil Kumar Jain and Maya Jain from Chhindwara in Madhya Pradesh stands dissolved from September 1, 2009.

The apex court said: ‘‘Facing its decision on the doctrine of irretrievable breakdown of marriage, the honourable judges were of the view that no useful purpose would be served in prolonging the agony of the parties to a marriage which had broken down irretrievably and the curtain had to be run down at some stage.’’

‘‘The court has to take a total and broad view of the ground realities of the situation while dealing with the adjustment of human relationships,’’ it added.

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