Irretrievable Breakdown of Marriage Under Hindu Law
By Team Legistify / 2016-03-31
There was a time when it was believed that the marriages were arranged in heaven, and it used to be a relation of flesh with flesh and bone with bone. So the question of separation from each other was a far cry. But slowly and steadily this concept did not find favour with social reformers, who wanted that a woman must not be chained with a man who is completely devoid of all the virtues that a reasonable husband should have.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


The Judiciary in India is demanding 'an irretrievable breakdown of marriage' as a special ground for divorce, as sometimes courts face difficulties in granting the decree of divorce due to technical loopholes in the existing theories of divorce.

It cannot be said in case a marriage is found to have been broken down to an extent that it was beyond all reconciliation, then whether any ground as laid down by law exists or not the court ought to hold or can take circumstances alone, as a ground for dissolving the marriage. Irretrievable breakdown of the marriage is not contemplated as a ground for dissolution of marriage s.13 of the Hindu Marriage Act and as such cannot by itself be taken as a ground for the decree for dissolution of marriage.

Irretrievable Breakdown of Marriage

This simply means that the couple can no longer live together as man and wife, and out of the two, one partner must prove to the court that the break down is so bad that there is no reasonable chance of them getting back together.

Till now, the laws which are prevailing in India regarding the issue of divorce have not recognized a situation where the couple are facing such situation that despite the fact that they live under the same roof, there marriage is equivalent to a separation. This is because there is still no codified law for irretrievable breakdown of the marriage. Sec 13 B of Hindu Marriage act recognizes few grounds for dissolution of marriage. The Supreme Court has a view to do complete justice and shorten the agony of the parties engaged in long drawn battle, directed dissolution of marriage. Indeed, these were exceptional cases, as the law does not specifically provide for the dissolution of marriage on the grounds other than those given in 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.

There was a time when it was believed that the marriages were arranged in heaven, and it used to be a relation of flesh with flesh and bone with bone. So the question of separation from each other was a far cry. But slowly and steadily this concept did not find favour with social reformers, who wanted that a woman must not be chained with a man who is completely devoid of all the virtues that a reasonable husband should have.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics