Published Paper Details:

The concept of "irretrievable breakdown of marriage" refers to a situation in which a couple is no longer able to cohabitate as husband and wife. The two individuals involved in the case, together with one additional individual, are required to present evidence to the court indicating that the marital relationship has experienced such severe deterioration that the possibility of reconciliation is highly unlikely. To date, the prevailing legal framework in India pertaining to the matter of marital separation has not recognized a scenario when spouses find themselves in a situation where, despite cohabitating, their marriage is akin to a state of separation. Currently, there remains a lack of legislation pertaining to the irreparable dissolution of a marital union. Section 13 of the Hindu Marriage Act delineates certain grounds for the dissolution of marriage. However, due to shifts in social norms and evolving societal views on the institution of marriage, the Supreme Court has expressed significant concern with the inclusion of irretrievable collapse of marriage as a valid reason for divorce. The Supreme Court, in an effort to achieve fairness and reduce the suffering of the parties involved in protracted legal battles, has ordered the dissolution of the marriage. Indeed, these instances were exceptional, as the legal framework does not specifically provide for the dissolution of marriage on grounds other than those stipulated in the Hindu Marriage Act of 1955. The dissolution of a marriage due to irretrievable breakdown is not recognized as a legal reason for divorce under the provisions of the Hindu Marriage Act, 1955. Due to variations in circumstances and in order to address a significant range of scenarios when marriages are effectively defunct, unless this concept is incorporated into services, divorce cannot be granted. Ultimately, the decision to include irretrievable breakdown of marriage as a valid reason for divorce lies with the Legislature. However, the Supreme Court in set a significant ruling, said divorce can be granted if a marriage is totally irrevocable, emotionally dead and beyond salvage. Thus, this paper tries to analyse the Supreme Court power under Article 142 of the Constitution on irretrievable breakdown of marriage.