
The Judicial Recognition of Irretrievable Breakdown of Marriage as a Legal Ground for Divorce in Ind
- Kunal Dev
- Sep 12, 2023
- 1 min read
The concept of irretrievable breakdown of marriage is increasingly gaining significance as a legal ground for divorce in India. This ground provides applicants with an alternate resolution to dissolve their marriages when the stringent requirements of mental cruelty are not met.
In the case of Samar Ghosh v. Jaya Ghosh (2006 AIR SC 1550; Civil Appeal No. 812 of 2004, decided on March 21, 2006), the Supreme Court of India discussed the concept of irretrievable breakdown of marriage and observed that it was the obligation of the court to ensure that whenever possible, marriage status should be maintained and when the marriage is totally dead, nothing is gained by trying to keep the parties tied to it forever. It went further to state that to keep such a sham marriage is obviously conducive to immorality and prejudicial to public interest. The Court then held that “cummulative facts and circumstances” can justify the dissolution of a marriage.
This assessment recognizes that prolonged periods of separation, criminalization of relationships among partners, living without any scope for reconciliation or settlement, and so on, can result in an irretrievable breakdown of marriage and calls for its dissolution by the Court. In the light of this judgement, the judiciary has consistently been most inclined to facilitate the parties to a marriage to move on with their lives when faced with circumstances like prolonged periods of separation, criminalization of relationships, wherein a reconciliation between the parties seems unlikely.String of court cases such as Mamta alias Kirti. v. Deepak (2020), Sandhya Rani v. Kalyanram Narayanan (2020), Lakshimathialaxmanan v. Padmavathi (2020), Chandrakala Menon v. Vipin Menon (2020), Kanchan Devi v. Pramod Kumar Mittal (2020), Durga Mohan Tripathy v. Aruna Tripathy (2020) and Ram Avtar Bairwa v. Sunita Devi (2019), which have established the case for incorporating irretrievable breakdown of marriage as a ground for the grant of divorce under Hindu Marriage Act, 1955 are some major examples in this regard.
The ordinance of irretrievable breakdown as a ground for dissolution of marriage is beneficial for both the parties and society. It provides both parties an opportunity to move on in life without the baggage of past and acknowledging the fact that some marriages simply don’t work out. Moreover, in cases of long expanses of separation, continued existence of a marriage in name only would also be senseless and unfair to both parties. This ordeal of prolonging misery from a marriage that is already a dead relationship should be brought to conclusion. Therefore, it should be adopted by the legislarure to make irretrievable breakdown of marriage is a valid ground for the grant of divorce under the Hindu Marriage Act, 1955.
In conclusion, the judiciary’s recognition of “irretrievable breakdown of marriage” (akin to cruelty) as a valid ground for dissolution of marriage is an undeniable necessity.
A proposal for amending the Hindu Marriage Act, 1955 to incorporate this ground has been mooted and the Supreme Court of India has requested the Union of India to consider introducing a legislative amendment in this regard. It is safe to say that irretrievable breakdown of a marriage is now an accepted ground for grant of divorce in India, which, if incorporated in the Act, would go a long way in providing a fairer solution for divorced couples in the country.
-Kunal Sinha
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