Supreme Court of India · 2006-11-21
RISHIKESH SHARMA vs SAROJ SHARMA
- Citation / case number
- SC 2005/14997
- Court
- Supreme Court of India
- Petitioner
- RISHIKESH SHARMA
- Respondent
- SAROJ SHARMA
- Author
- AR. Lakshmanan
- Bench
- AR. LAKSHMANAN & TARUN CHATTERJEE JJ
Judgment text excerpt
The Supreme Court held that under Section 13(1)(ia) of the Hindu Marriage Act, the marriage between the appellant and respondent is irretrievably broken down, justifying the dissolution of marriage. The Court found that the parties had been living separately since 1981, and the High Court's refusal to grant a divorce was not justified given the history of litigation and the absence of any possibility for reconciliation. The appeal was allowed, and a decree of divorce was granted in favor of the husband.