Naveen Kohli v Neelu Kohli

• The marriage between the parties had disintegrated with allegations and counter-allegations, extended litigation, and complete absence of cohabitation for a long period. The trial court granted divorce; the High Court reversed the decree. The husband approached the Supreme Court seeking restoration of the divorce decree.

1. Whether continued litigation and prolonged separation, without a statutory ground of irretrievable breakdown, can still justify divorce under existing grounds, and whether such a ground should be legislatively introduced.

• The Supreme Court found that the conduct of the parties and the prolonged, bitter litigation amounted to cruelty, an existing statutory ground under the Hindu Marriage Act, justifying divorce. The Court observed that forcing parties to remain formally married when the relationship has irretrievably broken down serves no social purpose and perpetuates further litigation and suffering. The Court recommended to Parliament that irretrievable breakdown of marriage be introduced as an independent ground for divorce under the Hindu Marriage Act. Divorce was granted, with appropriate provision for permanent alimony to the wife.

Where a marriage has completely and irretrievably broken down, with no possibility of reconciliation, courts may grant divorce under existing grounds such as cruelty if the facts support it, while the introduction of irretrievable breakdown as a standalone statutory ground remains a matter for legislative action.