V. Bhagat vs. D. Bhagat [AIR 1994 SC 710]: Supreme Court of India
Merely because there are allegations and counterallegations, a decree of divorce cannot follow
10. Another
circumstance to be kept in mind is that even where the marriage has
irretrievably broken down, the Act, even after the 1976 (Amendment) Act, does
not permit dissolution of marriage on that ground. This circumstance may have
to be kept in mind while ascertaining the type of cruelty contemplated by
Section 13(1)(ia)… . . .
21. Merely
because there are allegations and counterallegations, a decree of divorce
cannot follow. Nor is mere delay in disposal of the divorce proceedings by
itself a ground. There must be really some extraordinary features to warrant
grant of divorce on the basis of pleadings (and other admitted material)
without a full trial. Irretrievable breakdown of the marriage is not a ground
by itself. But while scrutinizing the evidence on record to determine whether
the ground(s) alleged is/are made out and in determining the relief to be
granted, the said circumstance can certainly be borne in mind. The unusual step
as the one taken by us herein can be resorted to only to clear up an insoluble
mess, when the court finds it in the interest of both the parties.