• Writ petition

I want to file a writ petition in the Supreme court seeking a decree of divorce on irretrievable breakdown and mental cruelty. 

my query is do have to make the woman i had married respondent ? 
Also what type of writ do i make it ? mandamus . .. or is another option more preferable.

I am looking for a lawyer for this..
Asked 6 years ago in Constitutional Law

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20 Answers

Petition cannot be file directly in SC. Have to file regular divorce petition in Family court on other grounds and when matter will reach to SC than might possible, SC can dissolve the marriage due to irretrievable breakdown invoking Article 142.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You have to make your wife respondent in divorce petition 

 

2) SG Vs RKG in MAT. APP. (F.C.) 5/2018 delivered on July 8, 2019 and authored by Justice Jyoti Singh for herself and Justice GS Sistani of Delhi High Court, it has been categorically and convincingly held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty.

 

3) you have to file petition in family court for divorce on grounds of mental cruelty or any other grounds recognised by HMA 

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

1. A Divorce Decree CANNOT be granted by any other Court, EXCEPT the district "Family Court" (who is the sole jurisdiction holder).

2. Since you are in Mumbai, you may prefer to visit the Family Court, at Bandra East and talk to a few local lawyers for your issues and relevant help in filing the Divorce proceedings.

3. You wife will mandatorily have to be made the Respondent, for her statement and witnesses and further proceedings.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You cannot file writ petition for a grant of decree of divorce in Supreme Court directly.

You will have to approach family court first. Further, irretrievable breakdown of marriage is not a recognised ground of divorce under Indian marriage laws, whereas cruelty is a recognised ground for divorce under Indian marriage laws  

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

See the writ for divorce cannot be filed for same a divorce petition in family.court had to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No such petition is maintainable .

You may have to file the divorce case in the family court only.

 

T Kalaiselvan
Advocate, Vellore
89974 Answers
2491 Consultations

The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infring. you can file divorce on the ground of mental creulty before family court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should approach family court first. Writ will not be entertained on the above grounds by SC as you gave effecious alternative remedy

Prashant Nayak
Advocate, Mumbai
34511 Answers
248 Consultations

you cant approach President if no reliefs have been granted by SC 

 

2) you have to file petition in family court only for divorce on grounds of mental cruelty and irretrievable break down of marriage 

 

3) SC would not entertain petition directly for divorce when family courts have been granted jurisdiction to grant divorce under provisions of family court act 

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

Such explanations dose not work in court. Law is equal for all. Article 32 evoke to enforce legal rights. Your legal right to obtain divorce is available by filling petiton in family court.

And SC has invoked the inherent powers under Article 142 to end marriage in which parties were living separately for 2 decades.

If you are living separate for such long time, family court will grant your divorce in a year.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See as per the law the procedure for divorce is prescribed and for same you have to.approach the family court . Since there laid down law the SC won't accept such writ. Further irreversible breakdown is not.ground of divorce in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you're so sure you can try, but in my opinion nothing would be achieved out of it.

You cannot approach President for such matters.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If you are so confident about the law and the supreme court cases as well as the rights protected by constitution of India, instead of getting confused over the replies given by various experienced and expert lawyers here, you may better proceed with your thought plan and the proposed process to file a case in supreme court.

You can approach a lawyer practicing in supreme court and take his advise on further process.

 

T Kalaiselvan
Advocate, Vellore
89974 Answers
2491 Consultations

You can try your luck but it may not entertain as you have alternative remedy

Prashant Nayak
Advocate, Mumbai
34511 Answers
248 Consultations

1. Yes you can file writ petition but it will not be beneficial because there are other remedies available for you before approaching supreme court or president. 

2. You can file a writ petition before High court for making the case of divorce time bound as chances for reconciliation are not there between both parties.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can approach the President of India if the matter is related to the national interest of the country. otherwise no.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Courts do not entertain melodramatic speeches, like in movies. They only follow what is written in the law books in force.

P.S. Watch your words in the comments. You do not know me, so personal comments would not be entertained. just because the law doesn't have provisions as per your convenience and requirements doesn't mean that you can take it out on me who is just stating as to what the law is. I did not make the law and no, i am not a lawyer for money. We give advice on such platforms not for money. Just because internet has made it easier for you to access legal services at low cost, you're misusing your liberty. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Directly going to the supreme court will not help you. If the family court does not give you any relief then you may move the supreme court to grant you divorce on these grounds as it can only be granted by the supreme court in extraordinary circumstances.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The president does not have any jurisdiction and cannot interfere in a matrimonial matter.

You may try your luck. File a petition under art 32.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No writ petition is maintainable on this.

2. If you want a decree of divorce on the ground of irretrievable breakdown and mental cruelty then first file a petition in the court of first instance. If decree is not passed by the trial court and High Court then you can carry the matter through SLP to the Supreme Court. 

3. President cannot dissolve the marriage. Your approach is misconceived.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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