Irretrievable Breakdown of Marriage: A Socio Legal Study

Abstract

Marriage is known as sacred and capable institution in Indian society. In typical Hindu culture it is described as bond of seven lives. But in modernism and post modernism trends, scope of divorce has increased irrespective of past beliefs. It is most obvious that if marriage is not working out between married couple then divorce must be granted to prevent future complications on social as well as legal platform. In books of Indian personal laws different grounds are provided and discussed upon which divorce can be fetched, for example – mutual consent, cruelty, adultery, vulnerable disease, renouncement of world etc. But in recent times another concept is taking shape in India which is known as ‘Irretrievable Breakdown of Marriage’ on global level. It is widely discussed as another ground of divorce as need of hour in 71st1 and 217th2 report of Law Commission of India. When marriage between a couple is broken beyond the hope of salvage, marriage appears practically to be dead so that there is no chance repair and resettlement and it becomes impossible for one to live and co habitat with spouse then it is known as irretrievable breakdown of marriage. As there is no imaginable method in which any spouse be forced to carry on marriage consortium. There is no benefit to compel couple to live together when wedlock in reality doesn’t exist. Short span of Human life must not be indulged in conditions causing misery for indefinite period of time. There must be an end point at some stage. Law neither can close eyes to such conditions, nor can it refuse to provide appropriate remedies to the aggrieved. It has been strongly recommended by Supreme Court to the Union of India in Naveen Kohli vs. Neelu Kohli3 to work on amending Hindu Marriage Act, 1955 and to introduce irretrievable breakdown of marriage as a ground for divorce.