Legal Question in Family Law in India
Respected advocates,
I am hindu guy and i got married under HMA.For the last 16month i and my wife are separated.There is no hope of reconciliation as i have decided to divorce my wife and i will not change my decision at any cost.I want to file for divorce on the ground of Irretrievable breakdown� of marriage.Even law commission has recommended to add this ground under HMA.My lawyer said that apex court has given divorce on this ground under HMA.Can i get divorce on this ground under HMA?
3 Answers from Attorneys
No. The Supreme Court judgement has been misinterpreted. that in itself is no ground; however, reasons for irretrievable breakdown, which have not been spelled out by you, may at times constitute "cruelty" constituting a ground for divorce.
i agree with Mr. Goel. you cannot get divorce on the ground of irritrievably breakdown of marriage as this ground is recognized only abroad. you may file the divorce on the grounds such as cruelty, desertion, adultry or any other ground suitable to your circumstances.
Mr.Goel and Rajiv are quite right you cannot get divorce on this ground, coz Supreme court has not consider this point alone and S.C has change its view on this point so many times therefore it is not a solid ground and you can take other grounds as Cruelty, desertion, adultry or any one.
Your further clarification is welcome at nominal fee at;
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With Regards
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