Aman Surendra Singh, Thakur Ramnarayan College of Law
ABSTRACT
"Irretrievable breakdown of the marriage" is a legal concept at the heart of divorce proceedings. This term signifies a point in a marital relationship where attempts at reconciliation or continued cohabitation are utterly unviable. It operates predominantly within the framework of no-fault divorce, wherein neither spouse needs to prove wrongdoing or fault as grounds for divorce.
Instead, the existence of an irretrievable breakdown is considered sufficient cause for divorce in many jurisdictions. Establishing this breakdown typically requires presenting evidence, such as a period of living apart or other indicators of an irreversible marital rift. Once confirmed, it triggers the legal process of divorce, allowing courts to address matters like property division, child custody, and spousal support in accordance with relevant laws. It's important to recognize that the specific legal requirements and procedures surrounding an irretrievable breakdown may vary by jurisdiction. This concept acknowledges the emotional and societal significance of terminating a marriage, impacting not only the parties involved but also the welfare of any children and extended family members affected by the dissolution.
Keywords: Irretrievable breakdown of marriage, Divorce proceedings, No-fault divorce, Hindu Marriage Act 1955, Grounds for divorce, Mutual consent divorce, Contested divorce, Case laws, Sandhya Rani Vs Kalyanram Narayanan, Naveen Kohli vs Neelu Kohli, High Court, Supreme Court, Amendment in Hindu Marriage Act, Permanent maintenance, Family law, Marriage equality, Divorce rate in India, Cultural norms, Societal expectations, Legal concept, Marriage dissolution.
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