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Irretrievable Breakdown Recognised as Ground Under §1516(10)
Spouse v Spouse
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Petitioner sought divorce on grounds that the marriage had irretrievably broken down after 3 years' separation; respondent contested.
Legal Issue
Application of CCC §1516(10) (substantive prolonged separation) as a contested-divorce ground.
Holding
Supreme Court line recognises 3-year separation with no realistic prospect of resumption as satisfying §1516(10), even where the respondent objects.
Reasoning
§1516(10) added by amendment; modern reading emphasises substance of marriage over formalistic preservation.
Significance
Provides exit from dead marriages without proving fault.
Practical Takeaway
Document the separation period and good-faith reconciliation attempts; courts will assess substance.
Cited Statutes
- Civil and Commercial Code §1516(10)
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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