Jordan Diengdeh v S.S. Chopra

Facts

• Jordan Diengdeh (a Christian) and S.S. Chopra (a Hindu-turned-Christian after marriage) had an incompatible marriage that broke down completely. They could not cohabit but could not establish any ground for divorce (adultery, cruelty, desertion, etc.) under the Indian Divorce Act, 1869. Both wanted dissolution but the law provided no avenue.

Issue

1. Whether courts can dissolve a marriage on the ground of irretrievable breakdown even in the absence of a specific statutory ground, and whether law reform is needed.

Held

• The Supreme Court dissolved the marriage under Article 142 to do complete justice. However, the Court observed that the existing matrimonial-offence-based approach (requiring proof of adultery, cruelty, desertion, etc.) is inadequate for modern marriages. Where a marriage has broken down beyond repair, forcing parties to remain married causes only hardship. The Court strongly recommended that Parliament introduce "irretrievable breakdown" as a ground for divorce under all matrimonial legislation, as exists in many other jurisdictions.

Ratio Decidendi

While current law requires proof of specific matrimonial offences for divorce, the Supreme Court under Article 142 may dissolve a marriage where irretrievable breakdown is established. The Court recommended legislative reform to codify this ground.