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december 2024

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.

Rinku Baheti vs Sandesh Sharda · Niyam