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may 1985

Supreme Court of India · 1985-05-10

MS. JORDAN DIENGDEH vs S.S. CHOPRA

Citation / case number
SC 1985/67009
Court
Supreme Court of India
Petitioner
MS. JORDAN DIENGDEH
Respondent
S.S. CHOPRA
Bench
REDDY, O. CHINNAPPA (J)

Judgment text excerpt

The Supreme Court emphasized the necessity of a Uniform Civil Code under Article 44 of the Constitution of India, highlighting the lack of uniformity in the grounds for judicial separation and divorce across various personal laws, including the Indian Divorce Act, 1869 (Sections 18, 19, 22). The Court held that the irretrievable breakdown of marriage should be recognized as a valid ground for divorce, as the current provisions under the Indian Divorce Act do not allow for such a remedy, thereby leaving couples in untenable situations. The judgment calls for legislative intervention to address these discrepancies and provide a coherent legal framework for marriage and divorce.

MS. JORDAN DIENGDEH vs S.S. CHOPRA · Niyam