An Assessment Of The Scope Of Including Irretrievable Breakdown Of Marriage As A Ground For Divorce

An Assessment Of The Scope Of Including Irretrievable Breakdown Of Marriage As A Ground For Divorce Under The Hindu Law

Akshat Agrawal, BBA LLB (Hons), School of Law, Christ (Deemed to be University), Bengaluru, Karnataka – 560029

ABSTRACT

The institution of marriage is considered sacred in India, especially under the Hindu law. It is and always has been much more than just a union of two persons, and extends to families, communities and the society at large. However, like any other institution, challenges may arise in marriages as well, and in some circumstances, even to the extent that they might need to be dissolved. Divorce is and always has been a taboo in the Indian society, and it is high time for a change. The Hindu Marriage Act, 1955 deals with marriage and divorce for Hindus in India, and the present paper aims to critically analyse the provisions in the Act related to the aforementioned subjects. One of the primary objectives of the paper is to assess the inadequacy of the Act and the scope of including irretrievable breakdown of marriage as a ground for divorce. The following study intends to do so by carefully examining and evaluating the current legislation(s), judicial precedent(s), law commission report(s), article(s) and recent trends in the society to arrive at a conclusion. Eventually, the paper also provides solutions for the same.

Keywords: Irretrievable Breakdown of Marriage, Divorce, Hindu Marriage Act, Judicial Precedent(s), Law Commission Report(s).