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The Supreme Court recently rejected a plea from an 89 year old senior citizen who sought to divorce his 82 year old wife. A Division Bench of the Court comprising Justices Aniruddha Bose and Bala M Trivedi observed that ”irretrievable breakdown of marriage” cannot be considered a straightjacket formula to always grant divorce.
They also held that despite the rise in divorce cases, marriage is still considered to be a pious institution in India. In this case, the wife expressed her willingness to live with her husband and even to look after him and did not wish to live with the stigma attached to a divorcee.
The Court held that if divorce was granted in this case, it would amount to an injustice to the wife.
The district court allowed the divorce petition of the husband and the Punjab and Haryana High Court set aside the order of the district court and therefore the husband had appealed to the Supreme Court.
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