Whether decree for divorce can be granted for the reason that the marriage has irretrievably broken down (without consent of other Spouse)

Decree for divorce can be granted for the reason that the marriage has irretrievably broken down (Without Consent of other Spouse or when the other spouse is opposing the same) subject to the following considerations (Not Exhaustive but Illustrative) :-

1. That the marriage has irretrievably broken down is to be factually determined and firmly established. For this, several factors are to be considered such as

1. the period of time the parties had cohabited after marriage; when the parties had last cohabited;

2. the nature of allegations made by the parties against each other and their family members;

3. the orders passed in the legal proceedings from time to time, cumulative impact on the personal relationship;

4. whether, and how many attempts were made to settle the disputes by intervention of the court or through mediation, and when the last attempt was made, etc.

5. The period of separation should be sufficiently long, and anything above six years or more will be a relevant factor.

2. The economic and social status of the parties, including their educational qualifications,

3. whether the parties have any children, their age, educational qualification, and;

4. whether the other spouse and children are dependent, in which event how and in what manner the party seeking divorce intends to take care and provide for the spouse or the children.

5. Question of custody and welfare of minor children,

6. provision for fair and adequate alimony for the wife, and economic rights of the children and;

7. other pending matters, if any, are relevant considerations.

The Supreme Court has dealt with a similar issue in the case titled PRAKASHCHANDRA JOSHI VERSUS KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH (SLP Civil No. 21139 / 2021) .