AN ANALYSIS OF IRRETRIEVABLE BREAKDOWN OF MARRIAGE AS A GROUND OF DIVORCE UNDER HINDU LAW

Abstract

Marriage is a considered sacrament and a sacred holy union under Hindu law for the fulfilment of religious obligations. Marriage is considered a sacrament and a sacred union according to Hindu law, with the purpose of fulfilling religious duties. Once a relationship is established, the law intervenes and binds the parties to a number of duties and liabilities. In earlier Hindu law, divorce was an unknown concept because marriage was considered an indissoluble union. Initially, the grounds for divorce under the Hindu Marriage Act, 1955, were based on the guilt theory, and a divorce decree may be obtained by either of the parties in accordance with Section13 of Hindu Marriage Act, 1955. The Hindu Marriage (Amendment) Act, 1964 introduced the theory of breakdown in Hindu law by inserting clause 13(1-A) under the Hindu Marriage Act, which is a small step in the direction of an irretrievable breakdown of marriage, despite the fact that Hindu law does not specifically recognize this concept as a ground of divorce. Irretrievable breakdown of marriage means when a marriage has broken down beyond any possibility of repair, then it should be dissolved. The determination of the question whether a marriage has broken down or not is left to the courts. The Honourable Supreme Court occasionally exercised the power provided in Art. 142 of the Indian Constitution to dissolve marriages in cases where it deemed that the marriage had irretrievably broken down and it would be unjust to the parties to continue it. Judiciary and Law Commission Reports suggested the Indian Legislature to incorporate "Irretrievable Breakdown of Marriage" as a ground for divorce under Hindu Marriage Act, 1955. This paper includes judicial approach towards the irretrievable breakdown of marriage, Law commission reports and Marriage (Amendment) Bill, 2010.

Keywords: Irretrievable Breakdown of Marriage, Divorce, Hindu Marriage Act, 1955, Law Commission Reports, Supreme Court.