What Is the Irretrievable Breakdown Of Marriage?

A Marriage Is An Important Event For A Family, As In India Marriage Will Be Considered To Be Necessary By Almost Everyone. The Hindu Marriage Act, 1955 Provides For The Entire Procedure As To How A Marital Bond Would Come Into Effect Including The Obligations And The Duties Of The Parties.

As Per The Provisions Of The Hindu Marriage Act, 1955, Either Party To The Marriage Will Have A Right To Apply For Divorce Based On The Grounds Of Unhappiness Or When The Marriage Is Not Tenable Anymore. Divorce Applications Can Basically Be Submitted After One Year Of Marriage Only. But, In Some Cases When The Petitioner Is Suffering In The Marriage Or There May Be A Condition Of Mental Instability Of The Respondent, The Court May Allow A Petition For Divorce Before A Time Period Of One Year Has Passed.

Also, Section 14 Of The Hma, Provides For Chances Of Reconciliation And Reconsideration As There May Be Differences In Temperaments Of The Parties Which May Work Out With Time And Should Not Be Used As A Justification To End The Marriage.

Section 14 Of The Hindu Marriage Act, 1955.

As Per Section 14 Of The Hma, Divorce Petition Can Be Applied For Within The First Year Of Marriage, One Year’s Time Could Be Taken As The Time Provided By Law To Solve, Sort, Understand Or Communicate Difficulties Amongst The Partners.
Section 14 Of Hma Provides For The Option Of Reconciliation Or Reconsideration As There Can Be Differences In Temperaments Of The Parties Which May Be Worked Out With Time And Must Not Be Used As Justification To End The Marriage.
As A Result, No Court Would Accept A Divorce Petition Unless A Period Of One Year Has Passed, Unless It Is Determined By The Court That The Petitioner Has Been Suffering From Exceptional Depravity Due To The Act Of The Respondent, Such Application Will Be Accepted By The Court.
When Denying The Application Filed Under Section 14 Of The Act, The Court Would Take Into Consideration The Interests Of The Children Born Out Of Such Marriage, Or If There May Be A Chance For The Parties To The Marriage To Reconcile, Thereby Saving Their Marriage.
According To The Section 14 Of The Act, A Petition For Divorce Cannot Be Filed Before A Period Of One Year Has Passed After The Solemnisation Of Marriage. Exception To Which Are Only If The Petitioner Is Suffering-
Exceptional Hardship Faced During The Marriage.
Exceptional Depravity.

Related Cases-

In Amardeep Singh V Harveen Kaur (2017, Scc) Case, The Question Raised Before The Court Was If The Period Of Six Months Which Has Been Mentioned Under Section 13b(2) Can Be Waived Off, When It Is Clear That There Is No Possibility Of Saving The Marriage. The Court In The Case Was Of The Opinion That If The Court Is Satisfied With The Circumstances Of The Case, The Statutory Period Under Section 13b(2) Could Be Waived Off.
While Deciding The Case Of Sankalp Singh V Prarthana Chandra (2013, Scc Online Del 855), It Was Noticed By The Delhi High Court That In Some Cases Of Unusual Hardship Or Depravity On Part Of Respondent, A Petition Can Be Accepted Before A Time Period Of One Year Has Passed.
In Rishu Aggarwal V Mohit Goyal [Mat.App. (F.C.) 110/2021 & Cm Appl. 41458/2021] Case, Point Of Contention Between Parties Was One-Year Time Period Mentioned In The Section. Issue Raised Before The Court Was When A Married Couple’s Refusal To Engage In Sexual Activity As A Reason Of Temperamental Difference Can Be ‘extraordinary’ Enough To Initiate Divorce Proceedings Quickly, Without Having To Wait For The Mandatory One Year Time Period.

Irretrievable Breakdown Of Marriage

Irretrievable Breakdown Of Marriage- This Term Would Be Used When, In Spite Of The Best Efforts Of The Parties, Their Marriage Could Not Be Restored To As It Was Before. It Can Be Often Used As A No-Fault Ground For Divorce, I.E. Neither Party To The Marriage Would Need To Prove That The Other Party's At Fault For Breakdown Of Marriage.

In One Of The First Landmark Judgement Given In The Case Of Naveen Kohli Vs. Neelu Kohli In 2006, The Supreme Court Upheld The Conclusions Of The Family Court That The Appellant Was Subjected To The Psychological, Physical, And Financial Abuse Of The Respondent To The Point Where The Marriage Was Broken Irreparably And Thus, Held The Irretrievable Breakdown Of Marriage As Valid Ground To Grant Divorce, As Well As Recommending The Legislature To Amend The Hindu Marriage Act, 1955 In Order To Incorporate Relevant Provisions According To The Judgement Given In The Case. Before The Decision Was Given, The Grounds For Divorce In India Were Mentioned Under The Hindu Marriage Act, Which Are Cruelty, Adultery, Desertion, Conversion To Some Other Religion, Or Any Mental Disorder.

Conclusion

The Act Of 1955 Provides For Various Divorce Provisions. Fault Theory, Divorce By Mutual Consent As Well As The Irretrievable Breakdown Of Marriage Are The Primary Sources Of Divorce In India.

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What Is the Irretrievable Breakdown Of Marriage?

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