Supreme Court of India · 2017-10-09
Sukhendu Das vs Rita Mukherjee
- Citation / case number
- AIR 2017 SUPREME COURT 5092
- Court
- Supreme Court of India
- Petitioner
- Sukhendu Das
- Respondent
- Rita Mukherjee
- Author
- L. Nageswara Rao
- Bench
- L. Nageswara Rao, S.A. Bobde
Judgment text excerpt
The Supreme Court examined the appeal under Section 27 of the Special Marriage Act, 1954, where the Appellant sought divorce on grounds of desertion and mental cruelty. The Court noted that both the trial court and the High Court found insufficient evidence of cruelty, and emphasized that irretrievable breakdown of marriage is not a recognized ground for divorce under the Act. The Court ultimately upheld the decisions of the lower courts, affirming the dismissal of the divorce application due to lack of proof of the alleged grounds.