Pleading irretrievable breakdown in HC appeal

mrgop (Querist) 27 September 2017 This query is : Resolved
Divorce petition got dismissed on merit in family court after 7 years. Now, can petitioner ask for divorce on irretrievable breakdown of marriage in appeal in high court?

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Ms.Usha Kapoor (Expert) 28 September 2017
Although the Parliament has not amended Hindu Marriage Act and other related laws regarding irretrievable breakdown of marriage Supreme c0ourtr has put its stamp of approval on this kind of divorce.So,til parliament legislates on this issue Supreme court law is the law of the land.Yes! you can now file a divorce case in Highcourt by way of appeal on the ground of irretrievable Breakdown of Marriage.

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Rajendra K Goyal (Expert) 28 September 2017
Generally, no new issue can be raised in appeal.

Dr J C Vashista (Expert) 01 October 2017
I agree with expert Mr. Rajendra K Goyal, no new fact/document can be introduced in appeal.
I endorse the opinion and advise of Ms. Usha Kapoor, although the legislators have not yet amended Hindu Marriage Act, 1955 qua insertion of "irretrievable breakdown" of marriage as another ground for divorce yet the fact has been recognised by the Courts and you may submit the same in your argument.

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