Supreme Court of India · 2024-12-19
Rinku Baheti vs Sandesh Sharda
- Citation / case number
- 2024 INSC 1014
- Court
- Supreme Court of India
- Petitioner
- Rinku Baheti
- Respondent
- Sandesh Sharda
- Author
- Pankaj Mithal
- Bench
- Pankaj Mithal
Judgment text excerpt
The Supreme Court addressed a transfer petition under Section 25 CPC, seeking to move a divorce petition filed under Section 13(1) of the Hindu Marriage Act, 1955 from Bhopal to Pune. The Court considered whether it could grant a decree of divorce on the grounds of irretrievable breakdown of marriage under Article 142(1) of the Constitution of India. The Court held that it has the power to grant such a decree if the circumstances warrant it, thereby establishing the principle that irretrievable breakdown can be a valid ground for divorce even in the absence of mutual consent.