Irretrievable Breakdown of Marriage
School of Law, Auro University, Surat, India
Volume II – Issue II, 2020
The Indian Legislature and Judiciary have attempted to include ‘Irretrievable Breakdown of Marriage’ as a ground of divorce with reference to Law Commission Report of India. The Irretrievable Breakdown of Marriage is a concept defined through a point of time when the marriage is not persistent and jurisprudentially such a marriage in the eyes of law has come to an end. The rational for such a marriage dissolution is that the spouse are no more eligible or willing to live together for the Indian family concept, and as per the a legal prudence personality law shall not force the spouse to live together without their willingness. Furthermore the research paper details the development of the concept of Irretrievable Breakdown of Marriage. The judiciary by precedent have developed a well-structured format to judge the breakdown extent in term of saving the society, marriage and the peace between the spouses.
Furthermore, it is advised by the judicial system and report to the Indian legislation to introduce the Irretrievable Breakdown as an official ground to grant a decree of divorce in the light of justice, equity and good conscience towards society as a whole with the parties in dispute, which would also empower jurisdiction and orders of the judiciary with no conflict in the instances of broken down marriages beyond repair. The research paper enlightens the breakdown concept to be drafted for the purpose of uniform laws for all the variety of facts to different case laws, and discusses the requisite to establish an Irretrievable Breakdown of Marriage as a legal and justiciable ground of divorce.