THE CONCEPT OF IRRETRIEVABLE BREAKDOWN OF MARRIAGE AS A GROUND OF DIVORCE: A STUDY

A marriage that is completely unworkable, emotionally dead, beyond saving, and has irretrievably broken down is referred to as having a "irretrievable breakdown of marriage". Although the Hindu Marriage Act and Special Marriages Act do not recognize "irretrievable breakdown of marriage" as ground for divorce, the Supreme Court has held in a key decision that divorce may be allowed if a marriage is completely unworkable, emotionally dead, and beyond repair. The couple will never be able to live apart again as husband and wife if their marriage irretrievably fails. Finally, it is up to the Legislature to decide whether or not to include irreparable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955.However, the Legislature must take irretrievable breakdown of marriage into consideration The fundamental laws of separation in India do not now take into consideration a scenario where the life partners must deal with the reality that, although living under the same roof, their marital relationship is the same as a divorce. That is, there is still no specific legislation for irretrievable breakdown of marriage. The Hindu Marriage Act identifies limited causes for marital dissolution under Section 13. Yet, due to changes in social mores and the public's developing conception of marriage, the supreme court has shown special concern on the issue of applying a irretrievable breakdown of marriage as a ground for a divorce. The separation cannot be recognized due to circumstances, for covering a significant number of cases when the marital relationship is effectively dead, and until this concept is compressed into legislation. Finally, it is up to the Legislature to decide whether or not to include irreparable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955. However, the Legislature must take irretrievable breakdown of marriage into consideration.