An Evaluative Study on Irretrievable Breakdown of Marriage: A Pressing Requirement for Its Inclusion as an Extra Basis for Divorce Under Hindu Law

Abstract

Hindus' married relationships in India are governed by the Hindu Marriage Act of 1955, which excludes irretrievable breakdown of marriage as a basis for divorce i.e. a couple who have no hope of resuming their marital duties and cohabitation cannot legally end their marriage unless they prove the existence of other grounds such as cruelty, desertion, adultery, etc. This study argues that, this situation is unjust and unfair to both the spouses and the society at large and that there is an urgent need for the inclusion of the irretrievable breakdown of marriage as an additional ground for divorce under Hindu law in India. This study explores the development and history of the notion of an irretrievable breakdown of marriage in different legal systems, as well as its relevance and status in India today. It also addresses the interpretation of Article 142 of the Indian Constitution, outlining the different contexts in which the provision may be applied and addressing associated objections. Clarifying the definition and
interpretation of the term "complete justice", this article goes on to address the term in detail and its use with supporting case law. The Supreme Court has frequently used its inherent authority in particular divorce cases that were solemnized by statutory laws, personal laws, or customary laws. Some situations of irretrievable dissolution of marriage are mentioned. In order to gain an understanding of the court's authority and the situations in which the supreme court has used its authority under Article 142, a few significant precedent-setting rulings are briefly reviewed. The study also analyses the judicial response to this issue and the recommendations of the Law Commission of India to amend the Hindu Marriage Act and the various oppositions and criticisms raised.