IRRETRIEVABLE BREAKDOWN OF MARRIAGE WITH SPECIAL REFERENCE TO SHILPA SAILESH V VARUN SREENIVASAN CASE

Abstract

With the rapid advancement in the socio-economic milieu of the society, the institution of marriage has also undergone a massive change. Concept of divorce, although regarded as an evil and stigmatizing, has also become common nowadays. Presently, fault grounds for obtaining divorce under the Hindu Marriage Act, 1955 have been inadequate in several extraordinary situations prevailing in a matrimonial relationship. In such circumstances, the judiciary has also endeavoured to invoke irretrievable breakdown of marriage to grant divorce to the spouses. The article studies the judicial opinion over irretrievable breakdown of marriage prior to the judgment of Shilpa Sailesh v Varun Sreenivasan and the precedent laid down by the Supreme Court in its judgment in Shilpa Sailesh case in the year 2023. The researcher has applied doctrinal research methodology for conducting the research. It is true that ground of irretrievable breakdown of marriage lacks legislative backing. That is why, there is no consensus among the courts about whether the ground of irretrievable breakdown of marriage should be invoked to dissolve a marital tie in a given case where all other fault grounds of divorce cannot be applied. Recently, the Supreme Court in Shilpa Sailesh v Varun Sreenivasan in the exercise of its powers under Article 142 of the Constitution dissolved the marriage on the ground of irretrievable breakdown of marriage. The Apex Court has laid down a precedent to be followed by all the subordinate courts in hearing divorce petitions which are based on no-fault grounds.