Divorce on irretrievable breakdown of marriage

Question asked on: 01/08/2015

Irretrievable breakdown of marriage is prevalent in US. Does Hindu Marriage Act enumerate it as a ground for divorce?

Advised by: Shivendra Pratap Singh,

Irretrievable breakdown of marriage is not a valid ground of divorce under section 13 of Hindu Marriage Act 1955 so divorce can not be granted only on the ground of irretrievable breakdown of marriage.

A decree of divorce can only be granted when one of the grounds as enumerated in section 13 of the Hindu Marriage Act 1955 has been made out. If none of the such ground is made out a decree of divorce can not be granted simply because there has been irretrievable breakdown of marriage.

Irretrievable breakdown of marriage has recognized as a valid ground of divorce by the law of many countries. The modern law has laid down that if a marriage has been broken down beyond any possibility of repair then it should be dissolved and party should not be under legal obligation to prove any ground of divorce. Court should have discretion to decide each and every case on the individual basis whether marriage has in fact broken down or not.

The law commission of India has recommended that irretrievable breakdown of marriage should be inserted in section 13 of the Hindu Marriage Act because it is became demand of our society. A bill is still pending before House of the people towards insertion of this ground in section 13 and extend the scope of divorce. 

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