The latest Supreme Court judgment clarifies that living separately is not enough for divorce under Indian divorce law. Courts must require proof of wilful desertion or cruelty before declaring an irretrievable breakdown of marriage, especially in family court cases involving children.
The Allahabad High Court Yesterday (29 Feb) urged the Union of India to consider amending the Hindu Marriage Act to include irretrievable breakdown of marriages as a divorce ground, citing societal changes. It granted a divorce decree to a doctor, noting his wife’s prolonged absence as mental cruelty. The court also directed relevant authorities to consider this matter.
