Does irretrievable breakdown of marriage a good ground for divorce in India?

April 24, 2016 9:31am CST
The Indian Civil Courts had hardly recognized the ground "irretrievable breakdown of marriage as a ground for divorce." For Hindus, marriage is a sacrament, not a contract. So if there is no ground for divorce, Courts dont allow husband or wife to get divorce on the ground of irretrievable breakdown. It works in US and Europe. It may not work in India. If it is recognized by Courts, it will lead to breaking of families in larger proportion across India.
1 response
@Daljinder (23222)
• Bangalore, India
27 Apr 16
If marriage has already broken down then the family is already broken. No sense continuing such a marriage! It is irretrievable because it is beyond mending.
27 Apr 16
Thanks Daljinderji for the comments. If marriage has broken there is option in respect of filing case under divorce by mutual consent. For irretrievable breakdown of marriage the option is given in respect of either of the parties. The party might want to continue with the marriage.
1 person likes this
@Daljinder (23222)
• Bangalore, India
28 Apr 16
@sathviksouvik What situations will come under irretrievable marriage, if I may ask?
29 Apr 16
@Daljinder Dear Daljinderji thanks for the question. Sometimes it happens that husbands and wives dont find any fault in their partners. Neither there is cruelty, nor insanity, nor desertion, nor adultery. But they cannot live under the same roof. In those situations they ask the court to give them divorce on the ground of irretrievable breakdown of marriage. In India the ground is still not recognized.