The Delhi High Court has issued a clarification stating that family courts are not allowed to grant divorces solely based on the grounds of an irretrievable breakdown of marriage. In a specific case involving two Hindu parties, the Court emphasized that family courts must adhere strictly to the provisions outlined in the Hindu Marriage Act when granting divorces.

The division bench comprising Justices Sanjeev Sachdeva and Vikas Mahajan emphasized that the Hindu Marriage Act does not recognize the concept of an irretrievable breakdown of marriage as a valid ground for divorce. In doing so, they overturned a family court's decision that had granted a divorce based on this ground, along with other reasons.
The bench stated that, “Such a power is not vested in the High Courts leave alone the Family Courts.” The authority to grant divorces solely on the basis of an irretrievable breakdown of marriage lies exclusively with the Supreme Court, as per the provisions of Article 142 of the Constitution, the bench added.

This was decided when the court was considering an appeal filed by a woman challenging a family court's 2018 decision. In the earlier ruling, the family court had granted her husband's request for a divorce, citing grounds of cruelty and desertion as the basis for the divorce. The couple entered into matrimony in 2002 and subsequently had a daughter in 2007. However, their relationship deteriorated, leading them to live separately.

The High Court pointed out that the family court had approved the divorce on the grounds of the denial of a conjugal relationship, despite the fact that the allegations related to this aspect were imprecise and lacked specific details. Furthermore, the High Court noted that there had never been a complete denial since the husband had acknowledged that he had been permitted to engage in conjugal relations approximately 30-35 times. The Court also highlighted that the birth of their daughter contradicted the claim of the denial of conjugal rights.
Regarding the question of whether there was a breakdown of the marriage, the High Court observed that the wife had consistently expressed her desire to live with her husband. However, it was the husband who had repeatedly refused to live with her. The Court stated that the wife was not at fault in this matter, making it clear that she had made efforts to sustain the marriage while the husband had declined to do so.

Additionally, the High Court observed that the family court had based its decision solely on the fact that the couple had been living separately for 11 years and had granted divorce on that basis. However, the High Court emphasized that the family court did not possess the authority to grant divorce solely on this ground, indicating that such power was not within the purview of the family court's jurisdiction.
The High Court further noted that even the Supreme Court, when exercising its discretionary powers under Article 142 of the Constitution of India, considers various factors. The duration of the separation period is just one of these factors, and the Court pointed out that it should not be the sole basis for granting divorce.

The division bench proceeded to reach its conclusion, ultimately ruling in favour of the woman by allowing her appeal against the previously granted divorce in the present case, and said that, “the Family Court has erred in travelling beyond the scope of its powers to grant divorce.”

Case: D Vs. A MAT. APP (F.C.) 291/2018