Tag: Divorce

Divorce Denied: Patna HC Says Schizophrenia Isn't Enough

Divorce Denied: Patna HC Says Schizophrenia Isn’t Enough

Friday April 11, 2025. BY Aditi Rana | Civil

Introduction The Patna High Court in the matter of Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw[1], has recently held that a spouse’s schizophrenia cannot automatically be considered a ground for divorce unless the mental

Supreme Court: Straight Jacket formula cannot be applied for granting the divorce on the ground of Irretrievable Breakdown of Marriage under Article 142 of the Constitution of India

Monday October 16, 2023. BY Zoheb Khatri | Civil

In a recent judgement[1], the Hon’ble Supreme Court of India held that the straight jacket formula cannot be applied to granting the divorce by exercising its discretion under Article 142 for dissolving the Marriage between

Grant of Divorce No Right, But Discretion - Supreme Court

Grant Of Divorce On Ground Of Irretrievable Breakdown Of Marriage Is Not A Matter Of Right, But A Discretion Under Article 142: Supreme Court

Monday May 29, 2023. BY BY CHITRANG GAMOTH | Civil

The Constitutional bench of the Hon’ble Supreme Court (SC)[1] recently held that Article 142(1) of the Constitution of India can be invoked to depart from the procedure and statutory provisions of law to establish ‘complete