Irretrievable Breakdown Of Marriage Theory
- IJLLR Journal
- Feb 28
- 1 min read
Ms. Mrunal Dipak Pawar, Modern Law College, Pune
Ms. Vaishnavi Jeevan Patil, Modern Law College, Pune
INTRODUCTION:
Marriage is a fundamental social institution that forms the bedrock of family and, in turn, society. It is essential for the sustenance of civilization and is upheld as a matter of public interest.
Under the Hindu Marriage Act, 19551, a legally solemnized marriage—whether before or after its enactment—can only be dissolved through a decree of divorce based on the grounds specified in Section 13 of the Act.
Until a marriage is legally dissolved, neither spouse can enter into a subsequent marriage. This emphasizes the principle of monogamy, which is strictly enforced under modern Hindu law.
Even in Muslim law, although polygamy is permitted, it is not an unconditional right. A Muslim husband is permitted to have multiple wives only if he can ensure justice and fairness among them.23
In July 2010, reports surfaced regarding the Cabinet’s approval of a Bill proposing the inclusion of Irretrievable Breakdown of Marriage (IBM) as a ground for divorce under both the Hindu Marriage Act and the Special Marriage Act.
HISTORICAL BACKGROUND:
The concept of Irretrievable Breakdown of Marriage was extensively analyzed in the 71st Report of the Law Commission of India, submitted in 1978.
