You have a friend and he is going to apply for his divorce and explaining the reasons for his divorce application. What is the basic reason will you accept for his divorce and allow him to apply for the divorce.
2007-07-19 16:05:25 · 9 answers · asked by Raghavendra R 5 in Family & Relationships ➔ Marriage & Divorce
Irretrievable Breakdown of Marriage is the basic reason for divorce. As such the ground of "Irretrievable Breakdown of Marriage" has not been mentioned in any of the matrimonial law in India but this ground has been used to grant divorce by the family courts on the basis of various judgments of the Supreme Court of India. It has been taken note that "Irretrievable breakdown of marriage is
Now considered, in the laws of a number of
countries, a good ground of dissolving the
marriage by granting a decree of divorce.
Based on this the Supreme Court of India has used its jurisdiction under Article 142 of the constitution of India in granting divorce in number of cases where there was irretrievable breakdown of marriage. The Supreme Court has held "The theoretical basis for introducing
irretrievable breakdown as a ground of divorce
is one with which, by now, lawyers and others?
have become familiar. Restricting the ground
of divorce to a particular offence or
matrimonial disability, it is urged, causes
injustice in those cases where the situation is
such that although none of the parties is at
fault, or the fault is of such a nature that the
parties to the marriage do not want to divulge
it, yet there has arisen a situation in which the
marriage cannot be worked. The marriage has
all the external appearances of marriage, but
none of the reality. As is often put pithily, the
marriage is merely a shell out of which the
substance is gone. In such circumstances, it is
stated, there is hardly any utility in
maintaining the marriage as a facade, when
the emotional and other bounds which are of
the essence of marriage has disappeared.
After the marriage has ceased to exist in
substance and in reality, there is no reason for
denying divorce. The parties alone can decide
whether their mutual relationship provides the
fulfillment which they seek. Divorce should be
seen as a solution and an escape route out of a
difficult situation. Such divorce is
unconcerned with the wrongs of the past, but
is concerned with bringing the parties and the
children to terms with the new situation and
developments by working out the most
satisfactory basis upon which they may
regulate their relationship in the changed
circumstances." Further it held
"Moreover, the essence of marriage is a
sharing of common life, a sharing of all the
happiness that life has to offer and all the
misery that has to be faced in life, an
experience of the joy that comes from enjoying,
in common, things of the matter and of the
spirit and from showering love and affection on
one's offspring. Living together is a symbol of
such sharing in all its aspects. Living apart is
a symbol indicating the negation of such
sharing. It is indicative of a disruption of the
essence of marriage --"breakdown"- and if it
continues for a fairly long period, it would
indicate destruction of the essence of marriage
"irretrievable breakdown"."
So based on this principle as laid down by the Supreme Court of India the family courts use it to grant divorce to in-conciliatory marriages.
2007-07-19 16:52:03 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 1⤋
Even a "marriage" at a city hall between a guy and a women human beings is in basic terms a civil union exact via the state. Marriage is a non secular sacrament and as such, can in user-friendly terms take transport of via the church. If the church does not enable gays to marry then there is not any way they could be formally "married". I do have faith that anybody couples in a "civil union" could have the means equivalent nevertheless inspite of the incontrovertible fact that it won't be able to be referred to as a marriage. And incredibly... they'd call it a marriage if it is "legalized" all they desire, however the reality maintains to be, it is void of it is religious status it is 0.5 of the think approximately marriage; to be a union between a guy and woman below God.
2016-11-09 23:01:35 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Do you mean the reason(s) that the STATE will accept as grounds for divorce? Because only the state decides if the grounds are acceptable.
2007-07-19 16:37:52 · answer #3 · answered by kp 7 · 0⤊ 0⤋
Why worry about a reason? Divorces are granted every day from people who simply don't want to be together anymore.
2007-07-19 16:19:49 · answer #4 · answered by pappysgotitgoinon 5 · 1⤊ 0⤋
Incompatibility
2007-07-19 16:10:29 · answer #5 · answered by mbpowell1 2 · 1⤊ 0⤋
cheating and abuse are most "approved" LOL.. I accept their divorce on any grounds... it's not my marriage so it's not up to me to judge.
2007-07-19 16:08:38 · answer #6 · answered by Wildflower 6 · 0⤊ 0⤋
None, work it out. If it cant be then say its not what you wanted, but the other person screwed up.
2007-07-19 16:08:31 · answer #7 · answered by How can I help? 3 · 0⤊ 1⤋
irreconcilable differences
2007-07-19 16:09:37 · answer #8 · answered by Bentley 7 · 0⤊ 0⤋
characterlessnes and not caring
2007-07-19 16:57:52 · answer #9 · answered by bhups 5 · 0⤊ 0⤋