Supreme Court does well to allow unilateral no-fault divorce but also to guard against the abuse of this by making it contingent on the apex court’s case-by-case discretion
Earlier this week, the Supreme Court held in the case of Shilpa Sailesh vs Varun Sreenivasan that under the Hindu Marriage Act, divorce can be granted by the top court in certain cases on the grounds of irretrievable breakdown of marriage, a demand that has been growing in society, but is yet to see any recognition by the legislature.
Under Section 13 of the Hindu Marriage Act, a marriage may be dissolved on grounds of adultery, cruelty, desertion, bigamy, rape, etc. Often called fault-based cases, these are where a divorce petition can be moved by either party without the consent of the other. No-fault divorce could be sought only by mutual consent under Section 13-B, where both parties agree to have the
marriage dissolved.
Under Section 13 of the Hindu Marriage Act, a marriage may be dissolved on grounds of adultery, cruelty, desertion, bigamy, rape, etc. Often called fault-based cases, these are where a divorce petition can be moved by either party without the consent of the other. No-fault divorce could be sought only by mutual consent under Section 13-B, where both parties agree to have the
marriage dissolved.