Irretrievable Breakdown Of Marriage As Ground Of Divorce Under Hindu Law: Judicial Analysis





Kanu Priya, GD Goenka University


ABSTRACT


Hindu law has been gradually nurturing and evolving after independence. Modernisation has affected the concept of marriages just like all the other aspects of life. Now instead of the relation between two families; it has become relation between two individuals. With this advancement divorce rates are also increasing especially among Hindus. According to data of 2017 among divorced Indian woman 68% are Hindu1. Many new kinds of facts and grounds of divorce come before the judiciary. With the same old grounds of divorce; judicial activism has played a key role to solve these issues and evolution in grounds of divorce. The more individualistic approach in living has made divorce acceptable in society. We have come to a stage where instead of living in a relationship which can no more work parties opt for divorce. In such a scenario some time law act as a hindrance when even after living separately; one party refuses to divorce out of revenge or many reasons and other is unable to prove any fault. So the object of the research is to highlight the need of irretrievable breakdown as a ground of divorce under Hindu law under and suggest certain circumstances under which the marriage can be treated as broken down beyond repair and the role played by the judiciary, in progressive development of irretrievable breakdown of marriage as ground of divorce.


KEYWORDS: Divorce, Hindu law, irretrievable breakdown, Marriage

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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