IRRETRIEVABLE BREAKDOWN OF MARRIAGE

There are instances where marriage is on the verge of a conclusive breakdown due to irreconcilable disputes between the parties. The nature of this relationship being sacramental is left behind and furious nature of the parties come forward. Nevertheless, the reason behind such dispute is sometimes as grave as a to qualify as a ground to seek divorce. However, the reason for categorising the marriage as irretrievable one need not necessarily be on the ground of faulty or misappropriate conduct. We can understand irretrievable marriage as a situation where the marital relationship becomes too painful/controversial/disputed to sustain and there lies no possibility of any conciliation between the spouses. Therefore, staying in the marriage becomes pointless and distressing for both the parties. 

Whether the marriage can be categorised as irretrievably broken is totally a decision of the state and is probable to come under their subjective opinion. The legal implications are certainly evolving in nature and thus, here the judicial approach plays the foremost role. The Supreme Court in various judgments has reiterated the concept of irretrievable marriage when it is found that marriage has become completely unsustainable to work upon and considered it as a solid ground to grant an order of divorce. Our Divorce lawyer in Gurgaon can help you to make right decision.

Irretrievable Breakdown as ground for divorce and legal implications: 

A.Under Special Marriage Act, there is no express provision for irretrievable marriage breakdown. It depends upon the court to take ground of cruelty/desertion to qualify the marriage as irretrievable one.

B. Under Hindu Marriage Act, irretrievable marriage breakdown is not expressly recognised as separate ground for divorce. However, it can be indirectly categorised under any provision of the Act, such as:

• Cruelty under Section 13(1)(ia) : If one of the spouses treats the other with cruelty, which makes it impossible to live together.

• Desertion under 13(1)(ib) : If one of the spouses has deserted the other for a continuous period of at least 2 years.

In the case of Naveen Kohli v. Neelu Kohli (2006), the Supreme Court regarded irretrievable marriage breakdown as a valid ground for divorce, where the parties were staying separately for substantially longer period and it was quite obvious that compelling these spouses to get back together would be an unjust order for both of them.

The court also stated that, even if there’s no expressed provision in law for such ‘ground for divorce’, the ground available in the ongoing matter would still be considered as valid ground for divorce. The same fact was also reiterated by Delhi High Court in Vishnu Dutt Sharma v. Manju Sharma (2009) and Amardeep Singh v. Harveen Kaur in 2017 by the Supreme Court.

However, to regard irretrievable breakdown of marriage as a ground for divorce comes with certain challenges as well, such as dealing with time taking procedures of the court which directly affects the day-to-day well-being of the parties as this imparts immense stress and other challenges driven by societal standard set for a marriage. And secondly, the burden of proof has to be taken very seriously, which can be best established in the presence of substantial evidences. 

It is surely evident that in the coming years, irretrievable breakdown of marriage will be enunciated as a law itself and be a legitimate ground for divorce. This shall help individuals to move on from a failed marriage and seek a new beginning in their lives. 

Altogether, to know all the legal implications, the parties must seek legal advice before heading to believe whether his or her ground qualifies to regard their marriage as irretrievably broken and also, in order to be aware of any legal developments in this aspect has been made out.  

You can contact our best divorce lawyer in Gurgaon to consultant on legal remedies available to seek divorce under irretrievable breakdown of Marriage.