Constitution of India, 1950
Article 142—Exercise of powers—Power to grant divorce on ground of irretrievable breakdown of marriage is exercised by the Apex Court under Article 142 of the Constitution of India to do complete justice to both the parties—Such a power is not vested in the High Court leave alone the Family Courts.
[Para 25]
Hindu Marriage Act, 1955
Sections 9, 13 (1) (ia) & 13 (1) (ib)—Order of the Family Court granting divorce in favour of husband and rejecting counter claim filed by wife seeking restitution of conjugal rights—Appeal—Allegations of respondent of desertion have been held to be not proved—Divorce has been granted primarily on ground that there was denial of conjugal relationship by the appellant/wife and that since they have been living separately for 11 years marriage has broken down irreparably—Allegations of respondent of denial of conjugal relationship are vague and without any specifics—Fact that a girl child has been born to the parties clearly shows that the allegation that respondent had been denied conjugal relations is incorrect—Appellant has consistently maintained that she wanted to live with the respondent but he has repeatedly declined to live with her—Irretrievable breakdown of marriage is not a ground in the Act—Appellant is clearly not at fault and it is the respondent who is at fault—Respondent should not be allowed to take advantage of his own wrong—Family Court has merely considered the fact that the parties have lived separately for 11 years and granted divorce on the ground of breakdown of marriage—Such an exercise of powers is not conferred on the Family Court—Family Courts have to restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Act—Family Court has erred in travelling beyond the scope of its power to grant divorce—Impugned judgment granting divorce on ground of cruelty and breakdown of marriage is not sustainable and accordingly set aside—Divorce petition filed by husband is dismissed—Appeal filed by wife is allowed.
[Paras 13, 16 to 18, 20 to 23, 26 & 28]