The Delhi High Court has said that trivial irritations and loss of trust between a married couple cannot be confused with mental cruelty.A division bench of Justice Sanjeev Sachdeva and Justice Manoj.
The Allahabad High Court recently held that forcing an estranged husband and wife to live together despite their intense hate towards each other amounts to cruelty, while granting the couple divorce.
In doing so, the Supreme Court also observed "irretrievable breakdown of marriage" cannot be viewed as a straightjacket formula to always grant divorce.
The bench said looking at the fact that both the parties are in the "late evening of their lives", the court had expected them to sit together and explore the possibility of an amicable settlement.
The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of ‘irretrievable.