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Supreme Court of India 2024-01-24 allowed

PRAKASHCHANDRA JOSHI vs KUNTAL PRAKASHCHANDRA JOSHI

Bench: 2 — B.R. Gavai, Prashant Kumar Mishra

In Brief

A couple married in 2004 acquired Canadian citizenship and had a child, but returned to India in 2011 after the husband lost his job. The wife later left for Canada with their son, refusing the husband's repeated requests to resume married life together. After 13 years of separation with no contact, the husband sought divorce. Lower courts dismissed his plea citing insufficient grounds of cruelty or desertion. The Supreme Court allowed the appeal, holding the marriage had irretrievably broken down. Using its powers under Article 142(1) of the Constitution, the Court dissolved the marriage, finding the wife's complete non-response to court summons and refusal to cohabit proved the relationship could not be salvaged.

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Family Law Hindu Marriage Act Divorce Constitutional Law Irretrievable Breakdown of Marriage

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