The Supreme Court rejected a man's divorce plea on Wednesday, as the Hindu Marriage Act, 1955, does not recognise "irretrievable breakdown" as a ground for divorce.
A bench of justices Markandey Katju and VS Sirpurkar rejected the husband's divorce plea saying, no court, including SC, is empowered to issue a decree for divorce on this ground, as it would amount to amending the Hindu Marriage Act, a job that is vested with the legislature alone.
A law can be amended only by legislature and not by judicial verdict, judges said. Section 13 of the Hindu Marriage Act provides several grounds for granting divorce such as cruelty, adultery, desertion, but irretrievable breakdown of marriage is not one, the judges noted.