Irretrievable breakdown of marriage

We Help You File Transfer of Petition in Supreme Court.

Call Ph no 9873628941 or Email: [email protected]

It cannot be said in case a marriage is found to have been broken down to an extent that it was beyond all rapprochement or reconciliation, then whether any ground as laid down by law exists or not the court ought to hold or can take circumstances alone, as a ground for dissolving the marriage. Irretrievable breakdown of the marriage is not contemplated as a ground for dissolution of marriage s.13 of the Hindu Marriage Act and as such cannot by itself be taken as ground for decree for dissolution of marriage.

In spite of recommendations of the Law Commission in its 1st Report, the Legislature did not consider it advisable to introduce irretrievable breakdown of marriage as one of the grounds for a decree of divorce. In Saroj Rani vs Sudarshan Kumar Chadha the Supreme Court has first laid down in upholding a decree of divorce following a consent decree for restitution of conjugal rights that it is evident that for whatever be the reasons this marriage has broken down and the parties can no longer live together as husband and wife, if such is the situation it is better to close the chapter

This view of the Supreme Court was referred to in Amarendra N. Chatterjee v Smt. Kalpana Chatterjee, in the context of different sets of facts and it has been held that the Hindu Marriage Act does not contain any provision for dissolution of marriage by a decree on the ground of irretrievable breakdown of marriage and as such the court cannot grant a decree on that ground alone. In Apurba Mohan Ghosh vs Manashi Ghosh, it has been held that in view of the provisions of s. 23 of the Act, the court would grant relief only when any of the statutory grounds mentioned in the Act is found to exist.

In V. Bhagat v D. Bhagat it has been held that irretrievable break-down of the marriage is not a ground by itself for a decree of divorce. While scrutinising the evidence on record it may be relevant to determine whether the ground alleged is made out.

If the theory of irretrievable breakdown of marriage is introduced in marriage law of India, there may be increase in the number of divorce cases, but that wiII not destroy the institution of marriage nor wiIl it affect the quality of family life.

The Supreme Court in Ms. Jorden Diengdeh v S.S. Chopra, has made judicial recommendation for a complete reform of law of marriage by introducing inter alia irretrievable breakdown of marriage as a ground for divorce. The Law Commission in its 71st Report on the Hindu Marriages Act 1955 has made the following recommendation on "Irretrievable Breakdown of Marriage as a Ground of Divorce."

Moreover, the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in Life, an experience of the joy that comes from enjoying in common things of the matter and of the spirit and from showering love and affection on one's offspring. Living together is a symbol of such sharing in all its aspects. Living apart is a symbol indicating the negation of such sharing. It is indicative of a disruption of the essence of marriage 'breakdown' and if it continues for a fairly long period, it would indicate destruction of the essence of marriage-'irretrievable breakdown'."

In spite of this valuable recommendation of the Law Commission and direction of the Supreme Court no step has yet been taken by Parliament in this direction.

How to File a Mutual Consent Divorces

File Your Mutual Divorce -
Call us Right Now at: 9650499965 / or email at: [email protected]

Related Articles:

Anti-terrorism laws in India and The need of POTA: POTA is useful in stemming "state-sponsored cross-border terrorism", as envisaged by the then Home Minister L.K. Advani. The Prevention of Terrorism Act, 2002 (POTA), was seen as a controversial piece of legislation ever since it was conceived as a weapon against terrorism.
Anti-terrorism laws in India: Distinguishing Myth and Reality: Terrorism in India has grown to a great extent in the last two decades.The bomb blasts and terrorist attack in many cities like Jaipur, Ahmedabad, Banglore and attack on Mumbai on 2611 and recent attack on Pune on 14/2/2010
Sexual Harassment At Workplace: In India Sexual harassment has been termed as Eve teasing and is described as: unwelcome sexual gesture or behavior whether directly or indirectly as sexually colored remarks; physical contact and advances; showing pornography; a demand or request for sexual favors; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature
Download Patent Forms | Patent laws in India | United States Patent Office
Patent Regime And Right To Health: The product patent prohibits others from making, using, offering for sale, selling or importing the patented product. As a result, the product patent gives a monopoly to the patent owner for the production of patented article during the term of the patent (20 years).
What is patent?: Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. Patents are also available for significant improvements on previously invented items.
The Patents (Second) Amendment Bill - An Epilogue: The Patent (Second Amendment) Bill 2000 has been proposed by the Government to bridge the conflict between the TRIPS and the Patent Act, 1970. Thus, it will be wise to deal with the important amendments proposed by Bill of 2000. Further the need for any further amendment will also be discussed herein.
Patents and Geographical Indication: A patent is a monopoly right granted to person who has invented a new and useful article or an improvement of an existing article or an improvement of an existing article or a new process of making an article.
India In Pharmaceutical Patents Regime: RIPs, the intellectual property component of the Uruguay round of the GATT Treaty, has given rise to an acrimonious debate between the developed countries and less developed countries (LDCs)
Child Custody law in India: Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree,

File Mutual Divorce

100% MONEY-BACK GUARANTEE!!
We GUARANTEE that Mutual Divorce petition will be accepted & a Decree passed
by the competent court or we refund 100% of your money.

File Your Mutual Divorce -
Call us Right Now at: 9650499965 / or email at: [email protected]

Irretrievable breakdown of marriage - Divorce lawyers - India

Divorce Lawyers in Delhi

Irretrievable breakdown of Marriage

How to File a Mutual Consent Divorces

File Mutual Divorce