SC: Spouse responsible for conduct

As the government mulls over inclusion of “irretrievable breakdown” of marriage as a ground for divorce under the Hindu Marriage Act, the Supreme Court has said that a spouse cannot take benefit of this ground if he or she, by his or her own conduct, brings the relationship to a point of “dead marriage.”

As the government mulls over inclusion of “irretrievable breakdown” of marriage as a ground for divorce under the Hindu Marriage Act, the Supreme Court has said that a spouse cannot take benefit of this ground if he or she, by his or her own conduct, brings the relationship to a point of “dead marriage.”

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The spouse, under such circumstances, cannot be allowed to seek divorce from the partner on this ground.

A bench comprising Justice B. Sudershan Reddy and Aftab Alam held: “If a party to a marriage by his own conduct brings a relationship to a point of irretrievable breakdown, he or she cannot be allowed to seek divorce on the ground of breakdown of marriage. That would simply mean giving someone the benefits of his or her own misdeeds.”

HTC