Irretrievable Breakdown of Marriage

Introduction

Previously, it was thought that weddings were prearranged in heaven. Therefore, the issue of being apart from one another seemed a far cry. But over time, social reformers who believed that a woman should not be bound to a man who lacked even the most basic attributes that a decent spouse should possess began to reject this idea. Hindu reformers occasionally pushed for drastic revisions to the provisions of Hindu Law, but the British government disapproved of any such attempts.

Eight years after the nation gained independence, the Hindu Marriage Act of 1955 was created. The reasons on which the parties may ask a competent court with jurisdiction to grant a divorce decree are covered by Section 13 of the Hindu Marriage Act. A legal separation between two people of the same sex who want to respect and honor one another is what is meant by the term "divorce" in its literal definition.

What do you mean by Irretrievable Breakdown of Marriage?

The term “Irretrievable Breakdown” means that a married couple can no longer live as husband and wife. The court will need proof from both couples as well as one partner that there is no hope of reconciliation given how badly the marriage has broken down. For irretrievable divorce, there is still no defined law. There are few grounds for dissolution of marriage in Section 13 of the Hindu Marriage Act.

What does the Supreme Court Says for Irretrievable Breakdown of Marriage?

The Supreme Court recently ruled that, in accordance with its authority to "do complete justice" under Article 142, it may dissolve a marriage on the grounds that it had irretrievably broken down without referring the parties to a family court, where they would have to wait 6–8 months for a divorce by mutual consent.

The Supreme Court has declared that it has the authority to dissolve a marriage if it has irretrievably broken down in the case of Shilpa Sailesh vs. Varun Sreenivasan (2023). Even if one of the parties was unwilling, the court could disregard the Hindu Marriage Act, 1955, six-month waiting time requirement and grant the divorce on the grounds of irretrievable collapse.

What does the Law Commission Says for Irretrievable Breakdown of Marriage?

Also, The Law Commission of India has vehemently advocated for the inclusion of "irretrievable breakdown of marriage" as a separate reason for obtaining a divorce under Hindu law in its 71st Report. Additionally, it emphasizes the three-year separation mark as a sign of a breakdown.

Kind of Evidences Proving Irretrievable Breakdown in Marriage

The court will accept the following types of evidence as examples of irretrievable breakdown:

1. The couple has not been living as husband and wife for a while.
2. One partner has sex with someone else, and as a result, the other partner cannot continue to live with them as husband and wife.
3. One partner was sentenced to prison for being a "habitual offender." (This indicates that the offender continues to conduct crimes despite having received a 10- to 15-year prison sentence as a result.)
4. One partner left the other behind.
5. One partner mistreated the other; for instance, the husband frequently hits the wife.
6. One partner has a drug or alcohol addiction.
7. The couples are no longer in love with one another; either because they are too different or because they married too early. For whatever other cause, one of the spouses finds it impossible to live as husband and wife.

The introduction of the basis of irretrievable breakup of marriage into the divorce statute is fraught with five major issues. The details whereof are mentioned below;

1. In our society, the marriage connection is revered and would be handled lightly if this cause for divorce were available;
2. Divorce bears societal stigma, particularly for the wife;
3. This ground allows husbands to end a marriage at will;
4. This ground could be abused by an unfaithful husband; and
5. That there are subjective components in the interpretation of irretrievability and disintegration.

Case Laws: Irretrievable Breakdown of Marriage

Naveen Kohli v. Neelu Kohli (2006)

The Supreme Court ruled that unhappy situations shouldn't be allowed to linger forever and that it was in everyone's best interests to dissolve a marriage that couldn't be saved. The court found that the husband was the victim of his wife's financial, bodily, and mental harassment. According to the ruling, both the husband and wife were the targets of character assassination accusations, but these accusations had not been proven. The court noted that despite efforts to reach an amicable agreement, there was no longer any goodwill between the parties and, as a result, no chance of reestablishing the couples' marital bond.

Sandhya Rani v. Kalyanram Narayanan (1994)

In this case, The Court reaffirmed and adopted the stance that the marriage between the parties has irretrievably broken down because they have been living separately for more than three years. There is absolutely no probability of their ever meeting. Therefore, in such circumstances, the Court grants the divorce decision.

Jayachandra v. Aneel Kaur (2004)

In this case, the Supreme Court after examining the matter came to the following conclusion:

When the respondent prioritizes her career over her husband's freedom, it obliquely leads to discord, diffusion, and dissolution of marital unity, from which the Court can infer an irretrievable breakdown of the marriage.

The husband was given a divorce after the court determined that the marriage was irretrievably dissolved. However, this is highly surprising because in many cases involving comparable circumstances, the court has ordered the recovery of conjugal rights, using the idea that a Hindu marriage is sacred as the very basis of the ruling for restitution.

Conclusion

The concept of irretrievable breakdown of marriage reflects the changing legal landscape and societal dynamics in India. While it acknowledges the reality of failed marriages and provides an avenue for individuals to move on from unviable unions, it also raises questions about its impact on traditional values. Striking a balance between individual rights and societal norms remains a challenge. As Indian society continues to evolve, the concept's implications will shape the future of family law and relationships. If you are dealing with such issues related to irretrievable breakdown of marriage, it is advisable to contact a divorce/family lawyer in your city. For instance, if you are residing in Kolkata, you should consult a family/divorce lawyer in Kolkata.

FAQs

1. What is the irretrievable breakdown of marriage judgment?

   The Supreme Court recently ruled that, in accordance with its authority to "do complete justice" under Article 142, it may dissolve a marriage on the grounds that it had irretrievably broken down without referring the parties to a family court.
   
   

2. Can marriage be dissolved if it breaks down irretrievably?

   Yes, as per the recent ruling of the Supreme Court, a marriage can be dissolved if it breaks down irretrievably.

3. What is 71st Law Commission report on irretrievable breakdown of marriage?

   The Law Commission of India has vehemently advocated for the inclusion of "irretrievable breakdown of marriage" as a separate reason for obtaining a divorce under Hindu law in its 71st Report. Additionally, it emphasizes the three-year separation mark as a sign of a breakdown.

4. What is Article 142 of Constitution?

   According to Article 142(1) of the Constitution, the Supreme Court has the authority to end a marriage on the grounds of irretrievable breakdown and to end a marriage by mutual consent without following the proper procedures.