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divorce petition on grounds of irritrievable breakdown of marriage


23-Sep-2023 (In Divorce Law)
what if there is no chance of reconciliation between the couple and wife is booked under ipc section 467 in the chargesheet and the husband wants to approach supreme court under article 142 but the wife in order to mentally torture the husband's family is not giving divorce and asking huge alimony. So in such a case can the husband approach the supreme court directly to file for divorce under irretrievable breakdown of marriage without wife's mutual consent as the couple doesn't have a child.
Answers (1)

Answer #1
870 votes
You can not directly approach to the Supreme Court of India. The first and foremost step is that you have to approach towards High Court under section 482 of CRPC which enables you to quash the false FIR, afte that you can file a divorce under sec 9 of HMA
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