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On Behalf of Respondent
 TABLE OF CONTENTS

03 – 04
List of Abbreviations

05
Index of Authorities

06
Statement of Jurisdiction

07 – 09
Statement of Facts

10
Statement of Issues

11 – 12
Summary of Arguments

13 - 17
Arguments Advanced

• Issue 1 13 – 16

• Issue 2 16 – 17

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Prayer

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On Behalf of Respondent
 LIST OF ABBREVIATIONS

& And

AIR All India Reporter

AIC All India Cases

All Allahabad

AP Andhra Pradesh

Bom Bombay

Art. Article

Cal Calcutta

Ed. Edition

Ker Kerala

Pg. Page No.

Hon’ble Honourable

SC Supreme Court

SCC Supreme Court Cases

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On Behalf of Respondent
 Sec. Section

r/w Read with

v. Versus

u/s. Under Section

Art. Article

SC Schedule Castes

i.e., That is

SCR Supreme Court Record

HP Himachal Pradesh

HLR Harvard Law Review

Edn. Edition

ST Schedule Tribes

Ors. Others

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On Behalf of Respondent
 INDEX OF AUTHORITIES

1. Table of Cases
• Lalitha v. Manickswamy, I (2001) DMC 679 SC
2. Books Referred
• Family Law By Dr. ParasDiwan
3. Statues
• Hindu Marriage Act,1956
• Special Marriage Act,1954
• Domestic Violence Act2005
4. Online Reference
• http://www.legalserviceindia.com/articles/break_mar.htm
• http://menrightsindia.net/2015/01/no-monetary-relief
• under-section-20-of-dv-act-pwdva-unless-domestic
violence-proved-mumbai-hc.html
• https://indiankanoon.org/docfragment/1643829/?formInp
ut=irretrievable%20breakdown%20of%20marriage

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On Behalf of Respondent
 STATEMENT OF JURISDICTION

Aggrieved by the judgment of the High Court, MS.

SAINA & MS. PRABHA has preferred an appeal before
this Hon’ble court by virtue of Article 134 of the
Constitution of India, which provides that:
136. Special leave to appeal by the Supreme Court.-
(1) Notwithstanding anything in this Chapter, the
Supreme Court may, in its discretion, grant special
leave to appeal from any judgment, decree,
determination, sentence or order in any cause or
matter passed or made by any court or tribunal in the
territory of India.
(2) Nothing in clause (1) shall apply to any judgment,
determination, and sentence or order passed or made
by any court or tribunal constituted by or under any
law relating to the Armed Forces.

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On Behalf of Respondent
 STATEMENT OF FACTS

1. Mr. Sunil & Ms. Saina both were belonging to IAS

batch 2000.
2. They were good friends. They decided to convert that
friendship into martial relationship. Accordingly, with
the consent of the parents they got married under
Special Marriage Act, 1954 in the year 2004.
3. Mr. Sunil was an orthodox person and had high
religious beliefs and he wanted to have male child.
Saina was employed as an IAS officer. She took
matrimonial leave & delivered two babies, one Geeta
in 2006 & one Seeta in 2009.
4. Due to absence of male child there were quarrels
between husband & wife. This resulted to divorce
between them by mutual consent. During this
difficult period Sania was transferred to Delhi. She
met Mr. Ram a smart, handsome & efficient IAS
officer who expressed his wish to marry her. As she
was married they waited for divorce. Immediately
after divorce they got married.

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On Behalf of Respondent
 Immediately after divorce they got married.
5. Soon after marriage Saina got very busy with
administrative work & she decided not to have
children for 5 years. She was not taking proper
care of her husband. Mr. Ram tried his level best
the balance the relationship. Saina told her
children Geeta & Seeta that Mr. Ram is not their
father. She always avoided Mr. Ram to spend time
with Geeta & Seeta.
6. In 2012 Sania was transferred from Delhi to
Mumbai. She shifted from Delhi to Mumbai. The
behaviour of Saina did not change. She was very
dominant and abusive on phone and in person
whenever she was meeting Mr Ram.
7. Mr. Ram was alone in Delhi and there was no one
to take care of him so he hired a domestic Servant
Ms. Prabha. Maid servant was asked to stay at
home this led to live-in relationship between
them.
8. In 2013, when Saina visited Delhi she came to
know about their relationship as Prabha was
pregnant. Being aggrieved with misconduct and
extramarital affair Saina served a notice of divorce.
Sania filed divorce petition in Family court. Delhi

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On Behalf of Respondent
 on the ground of irretrievable breakdown of
marriage. Family court dismissed the petition.
Against the decision of the family court wife filed
appeal in Delhi High court claiming the
maintenance under the Domestic Violence Act.
2005. High Court dismissed the appeal as there is
no specific provision under existing
laws.
9. The wife filed Special leave petition in Supreme
Court stating that divorce should be granted on
irretrievable breakdown of marriage.
10. Ms Prabha appeal for maintenance under the
domestic violence act 2005, Supreme Court in its
discretion clubbed both matters together and
called for final hearing.

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On Behalf of Respondent
 STATEMENT OF ISSUES

➢ ISSUE 1: WHETHER THE APPELLANT IS ENTITLED FOR

THE DECREE OF DISSOLVING THE MARRIAGE OF
GROUND OF IRRETRIEVABLE BREAKDOWN OF
MARRIAGE ?

➢ ISSUE 2: WHETHER THE 2nd PETITONER IS ENTITLED

FOR MAINTENANCE UNDER DOMESTIC VIOLENCE
ACT, 2005 ?

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 SUMMARY OF Arguments

1. WHETHER THE APPELLANT IS ENTITLED FOR

THE DECREE OF DISSOLVING THE MARRIAGE
ON GROUND OF IRRETRIEVABLE
BREAKDOWN OF MARRIAGE ?

It is humbly submitted before the Hon’ble Supreme Court

that in present case of Irretrievable Breakdown of
Marriage, it can’t be Possible because there is no such Law
to dissolve any Marriage on the ground of Irretrievable
marriage. However, there are other grounds for Divorce
but this can’t be any ground for Divorce.

2. WHETHER THE 2nd PETITIONER IS ENTITLED

FOR MAINTENANCE UNDER DOMESTIC
VIOLENCE ACT, 2005 ?

It is humbly submitted before the Hon’ble Supreme Court

that in present case The 2nd Petitioner is just of 17 years of
age and it can’t be considered as a Live – in – Relationship.

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On Behalf of Respondent
 And also in this case, both the petitioner and the
respondent lived together with their mutual consent, Not
with any domestic pressure. That’s why the Respondent is
not entitled for maintenance under Domestic Violence Act,
2005.

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On Behalf of Respondent
 ARGUMENTS ADVANCED

1. WHETHER THE APPELLANT IS ENTITLED FOR

THE DECREE OF DISSOLVING THE MARRIAGE
ON GROUND OF IRRETRIEVABLE
BREAKDOWN OF MARRIAGE ?

Legal Provisions
Irretrievable Breakdown of Marriage
This means the couple can no longer live together as man and
wife. Both partners, and one partner, must prove to the court that
the marriage broke down so badly that there is no reasonable
chance of getting back together.
Till date, the prevailing laws in India regarding the issue of divorce
have not recognized a situation where the spouses are facing a
situation that despite the fact that they live under the same roof,
their marriage is equivalent to a separation. That is, there is still
no codified law for irretrievable breakdown of marriage. The
Hindu Marriage Act recognize few grounds for dissolution of
marriage in Section 13.But with the change in the social mores
and in view of the changing nature of marriage in the society, the
supreme court has shown special concern over the matter of
making irretrievable breakdown of marriage as a
ground for divorce. The Supreme Court has with a view to do
complete justice and shorten agony of the parties engaged in long

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 drawn battle, directed dissolution of marriage. Indeed, these were
exceptional cases, as the law does not specifically provides for the
dissolution of marriage on the grounds other then those given in
Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is
not a ground for divorce under the Hindu Marriage Act, 1955.
Because of the change of circumstances and for covering a large
number of cases where the marriages are virtually dead and
unless this concept is pressed into services, the divorce cannot
be granted.

Respected Sir, It is clear from the facts that the Saina is a

Muslim lady As her first marriage is done under special
marriage Act 1954 with Mr. Sunil on 2004 , now she want to get
divorce with Mr. ram on ground of irretrievable ground of
divorce .
As from the provision
The kind of evidence the court will accept as proof of irretrievable
breakdown:
I. The couple has not lived together like husband and wife for a
period of time.
II. One partner had sexual intercourse with somebody else and
because of this the other partner finds it impossible to continue
living together as husband and wife.
III. One partner deserted the other.
IV. One partner abused the other, for example the husband
keeps assaulting the wife.
As the points 1,3,4 show against Saina . the person who has not
clear hand has no right suit petition.
Saina also not taking care of Mr. ram. She does not fulfill her
responsibility. She also tell seta and Geeta that MR. ram is not his
father .and when she transfer from Delhi to Mumbai . she also
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 dominate Mr. ram on phone and also use abusive language .Mr.
ram tried his best to persuade this matter .but he didn’t succeed.
And your honor’s the points

In the Islamic law, "Irretrievable breakdown of marriage" is not

found in any legislation as a specific ground for divorce. There are
five central concerns about bringing the ground of irretrievable
breakdown of marriage into the divorce statute. These are:
1) Marriage relationship is accorded sanctity in our society,
which would
be treated with levity if this ground of divorce is available;
2) Divorce carries social stigma, especially to the wife;
3) This ground permits husbands to terminate a marriage
relationship at
will;
4) This ground could be misused by an errant husband and;
5) That subjective elements exist in the understanding of
"irretrievability"
and "breakdown".

It shows in a Muslim law irretrievable breakdown of marriage is

not a ground of divorce . As Saina is a Muslim .this law is
applicable on her And in the latest judgement of supreme court in
case,
In Lalitha v. Manickswamy, I (2001) DMC 679 SC that the had
cautioned in that case that unusual step of granting the divorce
was being taken only to clear up the insoluble mess when the
Court finds it in the interests of both the parties.
Irretrievable Breakdown of Marriage Irretrievable breakdown of
marriage is not a ground for divorce under the Hindu Marriage
Act, 1956.
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 In this it is clearly shows that irretrievable ground of marriage is
not a ground of divorce under Hindu Marriage Act,1956
That’s all leads to the point that Saina has not right to take divorce

2. WHETHER THE 2nd PETITIONER IS ENTITLED

FOR MAINTENANCE UNDER DOMESTIC
VIOLENCE ACT, 2005 ?

Respected Sir, there not much logic in that issue because

according to section 20 of domestic violence Act 2005 – No
monetary relief unless domestic violence Proved

And there no domestic proved in that case, Prabha live in

relationship with Mr. ram with her own consent. Mr. ram didn’t
put Saina in relationship with any king of cruelty ,fraud or by
force. She was living with Mr. ram however she knows that Mr.
Ram is married person .

Mumbai HC also held its judgement upon this,

No monetary relief under Section 20 of DV Act (PWDVA) unless

domestic violence proved – Mumbai HC

Important excerpt from the judgment below:

In my considered opinion, the learned Magistrate had committed

an error in granting monetary relief to respondent Nos. 2 and 3
despite the fact that domestic violence could not be established.
Though it is possible to say that the maintenance was permissible
for respondent Nos. 2 and 3 (minor children) under Section 125 of
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On Behalf of Respondent
 the Code of Criminal Procedure, the monetary reliefs could not
have been given to them under Section 20 of the Protection of
Women from Domestic Violence Act, 2005. The view taken by the
learned Magistrate and the appellate Court, in my opinion, is not
correct and hence, I pass the
following order.

Conclusion- no monetary relief would be granted unless its

Proved hat this done by domestic violence and in case of live in
relationship Prabha is living with her own consent as she also
know Mr. Ram was already married

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On Behalf of Respondent
 PRAYER

In the light of the issues raised, arguments advanced and authorities

citied may this Hon’ble court be pleased to:

1. Hold that the Respondent is not entitled for a decree of divorce on

grounds on grounds of irretrievable breakdown of marriage.

2. Hold that the Respondent is not entitled for maintenance under

the Domestic Violence Act, 2005.

AND/ OR

Pass any other order that it deems fit in the interest of

Equity, Justice and Good Conscience.

And for this act of kindness, the counsel for the appellant
shall duty bound forever pray.

(Counsel For The Respondent).

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