Legal Article

Irretrievable Breakdown of Marriage: A Comparative Analysis of USA and India

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 31 Jul, 2023

Introduction: The concept of “irretrievable breakdown of marriage” has been a notable point of discussion in matrimonial jurisprudence. Essentially, it refers to a situation where one or both parties to a marriage feel that the union cannot continue and there is no possibility of reconciliation. This concept has been adopted by numerous countries as a ground for divorce, acknowledging the reality that forcing two incompatible individuals to stay married might be impractical and inhumane. Let’s delve into how the USA and India approach this concept and critically analyze their main differences.

USA:

  1. Historical Adoption: Historically, the USA followed fault-based divorce systems, where one had to prove wrongdoing, such as adultery or cruelty, by the other spouse. However, during the 20th century, many states began to adopt no-fault divorce laws, introducing the concept of irretrievable breakdown.
  2. Current Status: Today, all 50 states have some form of no-fault divorce. In many states, the “irretrievable breakdown” or “irreconcilable differences” are the primary or sole grounds for divorce.
  3. Procedure: In the USA, when both parties agree that the marriage has broken down irretrievably, they can often get a divorce without attributing fault to either side. The waiting period and other procedural requirements vary from state to state.

India:

  1. Late Recognition: The traditional Hindu law required specific grounds for divorce, like adultery, cruelty, or desertion. The irretrievable breakdown of marriage as a ground is a relatively recent development in Indian law.
  2. Current Status: The Supreme Court of India, in multiple judgments, has recognized the irretrievable breakdown of marriage as a valid reason to dissolve the union, especially when reconciliation between the couple is impossible. However, as of the last update, it is not explicitly listed as a ground for divorce in the Hindu Marriage Act, 1955.
  3. Judicial Activism: The Supreme Court, using its extensive powers under Article 142 of the Constitution of India, has dissolved marriages where it believed there was an irretrievable breakdown, emphasizing the importance of ensuring justice in matrimonial matters.

Critical Analysis and Main Differences:

  1. Legal Position: The most apparent difference is the legal position. While the USA has codified the concept in its laws across all states, in India, the idea primarily exists through judicial precedents.
  2. Cultural Underpinnings: The resistance to adopt “irretrievable breakdown” in Indian statutory law can be attributed to cultural and societal values that emphasize preserving the sanctity of marriage. The USA, having a more individualistic culture, transitioned earlier to accommodate changing social realities.
  3. Judicial vs. Legislative Action: The Indian scenario is largely driven by judicial decisions, with the Supreme Court often stepping in to provide relief to parties in deadlocked marriages. The USA, conversely, saw legislative action, with state legislatures amending divorce laws.
  4. Mandatory Waiting Period: Many US states require couples to be separated for a specific period before recognizing the irretrievable breakdown. In India, the duration of separation (often two years) is more a factor for the judiciary to consider, rather than a mandated waiting time.

Conclusion:

The concept of “irretrievable breakdown” in matrimonial laws reflects a society’s evolving understanding of human relationships. While both the USA and India recognize the essence of this concept, the mechanisms and paths they’ve chosen differ, influenced by societal values, historical contexts, and legal traditions. As societies continue to evolve, so will the understanding and implementation of such concepts, balancing individual rights and societal norms.