Divorce Under Hindu Marriage Act 1955: Supreme Court Reiterates Limits on Irretrievable Breakdown & Clarifies Standards for Cruelty and Desertion
Introduction In a recent landmark judgment, the Supreme Court of India emphasized that marriage cannot be declared irretrievably broken merely because spouses live separately. Courts must first examine why they live apart and who is responsible for the separation. The ruling came in the case of DR. ANITA (Appellant/Wife) VS. INDRESH GOPAL KOHLI (Respondent/Husband), where the Uttarakhand High Court had granted divorce to the husband, primarily relying on the couple’s long separation. The Supreme Court, however, set aside the divorce decree and remanded the matter to the High Court, highlighting a series of procedural and substantive lapses.