Role of Irretrievable Breakdown of Marriage in Decreasing the Burden On Courts and Safeguarding Privacy of Couples

Abstract

The nuptial tie remains even today a strong and stable institution for human beings, both individually and socially. The two basic institutions that helps in holding a sustainable human civilization are Famil and marriage. Marriage is considered to be the one of the most important legal contracts in every human society as it paves way for the continuance of human evolution. Marriage may be defined as relation between a man and woman which is recognized by custom or by laws and involves certain rights and obligations, both in case of parties entering the union and in the case of children born of it. The right to marry is a mark of adulthood, symbol of social participation, associates with citizenship, relates to sense of belonging in a family and community. Marriage promotes mutual care, support, and commitments in human relations. It is important social institutions by which the society confirms and celebrates inter- personal love and commitment. In all systems of law, marriage is the back bone of the society. When it comes to ending the matrimonial, the dispute arises. The case load has overburdened the court an results in suffering of the families. The paper has discussed various types of theories of divorce. The paper discusses how irretrievable breakdown of marriage can become legally enforceable in India and decreases the burden.