MS. JORDAN DIENGDEH versus S.S, CHOPRA

MS. JORDAN DIENGDEH versus S.S, CHOPRA

The Court observed that the existing personal laws are not uniform with respect to grounds and remedies for nullity, judicial separation and divorce; in the present case the marriage appears to have irretrievably broken down but the Indian Divorce Act does not provide for divorce on the grounds of mutual consent or irretrievable breakdown, and the Court urged legislative intervention to provide a uniform civil code incorporating such grounds; procedurally the Court directed that a copy of the order be forwarded to the Ministry of Law and Justice and issued notice to the respondents.

Parties
Petitioner: Ms. Jordan Diengdeh; Respondent: S.S. Chopra
Jurisdiction
India
Judgment Date
10 May 1985
Procedural Posture
Special Leave Petition (civil) / Special Leave Petition Against the Judgment and Order Dated 29.2.1984 of the Delhi High Court (f.a.o. (o.s.) No. 28 of 1982)
Outcome
Notice issued to respondents; copy of the order to be forwarded to the Ministry of Law and Justice; no declaration of nullity recorded in this order in the text provided.
Legal Topics
Uniform Civil Code, Judicial Separation, Nullity of Marriage, Divorce Grounds, Irretrievable Breakdown of Marriage, Mutual Consent Divorce
Constitutional Law Family Law Personal Law Civil Law Uniform Civil Code Judicial Separation Nullity of Marriage Divorce Grounds +2 more

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Parties

Ms. Jordan Diengdeh

Petitioner

S.S. Chopra

Respondent

Procedural Posture

Special Leave Petition (civil) / Special Leave Petition Against the Judgment and Order Dated 29.2.1984 of the Delhi High Court (f.a.o. (o.s.) No. 28 of 1982)

Legal Issues

  1. 1 Whether a marriage can be declared null and void on the ground of impotence under the Indian Divorce Act, 1869
  2. 2 Whether a decree for judicial separation under the Indian Divorce Act provides an adequate remedy where the marriage has irretrievably broken down
  3. 3 Whether the lack of uniformity in personal laws requires legislative intervention to provide a uniform civil code including grounds such as irretrievable breakdown and mutual consent

Ratio Decidendi

The Court observed that the existing personal laws are not uniform with respect to grounds and remedies for nullity, judicial separation and divorce; in the present case the marriage appears to have irretrievably broken down but the Indian Divorce Act does not provide for divorce on the grounds of mutual consent or irretrievable breakdown, and the Court urged legislative intervention to provide a uniform civil code incorporating such grounds; procedurally the Court directed that a copy of the order be forwarded to the Ministry of Law and Justice and issued notice to the respondents.

Court Disposition

Notice issued to respondents; copy of the order to be forwarded to the Ministry of Law and Justice; no declaration of nullity recorded in this order in the text provided.

Orders

  • Copy of this order to be forwarded to the Ministry of Law and Justice for such action as they may deem fit to take
  • Let notice go to the respondents