JUDICIAL ATTITUDE ON THE JUDICIAL SEPARATION IN FOREIGN MARRIAGES

Sudhakar Rolan

doi:10.55662/

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Sudhakar Rolan PhD Research Scholar, University of Rajasthan, Jaipur, Rajasthan, India Author

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DOI:

https://doi.org/10.55662/

Abstract

In the case of Ms. Jordan Diengdeh v. S.S. Chopra, the petitioner is now a member of the Indian Foreign Service. The respondent husband is a Sikh. They were married under the Indian Foreign Marriage Act, 1969. The petitioner wife filed a petition for declaration of 1judicial separation or nullity of marriage under Sections 23 of the Act on the ground of the impotence of her husband. A Single Judge of the High Court discarded the prayer for declaration of nullity of marriage but granted a decree for judicial separation on the ground of cruelty. The Division Bench confirmed the decision of the Single Judge on appeal.

In this case, the marriage appears to have broken down irreversibly. If the conclusion of the High Court stand there is no way out for the spouses. They will not carry on to be tied to each other. Mutual consent and irretrievably break down of marriage is a ground for divorce. There is no point or intention to be served by the continuation of a marriage which has so totally and signally broken down. The spouses are bound mutually by a matrimonial tie which is better untied.

Further held, that it is thus seen that the law relating to judicial separation, divorce and nullity of marriage is far from consistent. Surely the time has now come for an absolute improvement of the law of marriage and makes a uniform law applicable to all citizens irrespective of religion or caste. It appears to be necessary to initiate irretrievable break down of marriage and mutual consent as grounds of divorce in all cases. The case before us is an example of a case where the spouses are bound mutually by a matrimonial tie which is better untied. There is no point or intention to be served by the continuation of a marriage which has so wholly and signally broken down.

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