RECOGNIZING IRRETRIEVABLE BREAKDOWN OF MARRIAGE AS A GROUND FOR DIVORCE: ISSUES AND CHALLENGES

Abstract

When in a conjugal relationship, the mutual expectation of support and amity ceases to exist and the Court arrives at a conclusion that it is beyond repair or retrieval, it is termed as an irretrievable breakdown of the marriage. Such unworkable and emotionally dead partnerships nevertheless continue to remain enforceable due to an imposed legal obligation. Therefore, the issue of debate is whether divorce should be granted based on the abovementioned ground. This is a question that explores and touches on various areas of constitutional law and human rights. It becomes an even more paramount issue in India where the socio-religious-communal fabric is complex, as it is evolving in modern times. Reasoning out a uniform provision on a subject where there lie differences among various personal laws would be an arduous task. More so in a country where marriage, though considered a sanctity, is derogating as a social institution by the day. The Supreme Court is deciding on granting divorce on this ground under Article 142 of the Constitution in order to do complete justice, as it has invoked the Article in multiple cases previously. Despite Law Commission Reports and judicial pronouncements, the Legislature has not reached a conclusion regarding this provision. Till it does, the conflict and contradiction especially among the Lower Court judgments would keep surging. The Marriage Laws (Amendment) Bill, 2010 naturally becomes a point of discussion. Such niched legislative questions will ultimately shape the future of the irrevocable breakdown of the marriage for becoming a ground for divorce.