Irretrievable breakdown of marriage a ground for divorce. The law commission of india in its 71st reporttitled the hindu marriage act, 1955 irretrievable breakdown ofmarriage as a ground of divorce recommended amendments inthe hindu marriage act to make irretrievable breakdown of marriageas a new ground for granting divorce among the hindus. Oct 16, 20 under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground as enumerated in section. May 26, 2015 irretrievable breakdown is, by far, the most commonly cited grounds for divorce in massachusetts. Dec 18, 2019 the supreme court recently dissolved a marriage by exercising its inherent powers under article 142 of the constitution, even as it recognised that there is no statutory law for recognising irretrievable breakdown of marriage as a ground for divorce in india. Criticisms of the concept of irretrievable breakdown of marriage. Act, 1955 irretrievable breakdown of marriage as a ground for divorce. The law commission of india in its 71st report titled the hindu marriage act, 1955 irretrievable breakdown of. No divorce on irretrievable breakdown of marriage india.
Neelu kohli 20063 scale 252 has recommended an amendment to the hindu marriage act, whereby either spouse can cite irretrievable breakdown of marriage as a reason to seek divorce. The marriage laws amendment bill seeks to amend the hindu marriage act, 1955, and the special marriage act, 1954, to provide for irretrievable breakdown of marriage as a new ground for divorce. Before the enactment of the hindu marriage act, 1955 hereinafter referred to as the act, divorce was not. Expressing the concern that divorce could not be granted in number of cases where marriages were virtually dead due to the absence of the provision of. Irretrievable breakdown of marriage is not a valid ground of divorce under section of hindu marriage act 1955 so divorce can not be granted only on the ground of irretrievable breakdown of marriage. Neelu kohli air 2006 sc 1675 recommended to the union of india to seriously consider bringing an amendment in the hindu marriage act, 1955 to 6. Delhi high court playing with irretrievable breakdown of. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. Under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground as enumerated in section. Editorial analysis scs use of extraordinary powers in. Irretrievable breakdown of the marriage law and legal. Rajya sabha passed the marriage laws amendment bill,2010.
Before we part with the facts, on the consideration of the totality of the facts, this court would like to recommend to the union of india to seriously consider for the bringing of the amendment in the hindu marriage act, 1955 to incorporate irretrievable breakdown of marriage as a ground for grant of divorce. I i i alue research paper law advantage and disadvantage. Hindu marriage act, 1955 is an important document in this content. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Irretrievable breakdown of the marriage is not contemplated as a ground for dissolution of marriage s. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriage. The family law act 1975 came into operation in january 1976, after a lengthy period of debate.
Irretrievable breakdown of marriage as an additional. Irretrievable breakdown of marriage history, applicability. Because of the change of circumstances and for covering a large number of cases where the marriages are virtually dead and unless this concept is pressed into services, the divorce cannot be granted. Mar 21, 2019 neelu kohli has recommended an amendment to the hindu marriage act, whereby either spouse can cite irretrievable breakdown of marriage as a reason to seek the divorce. Marriage in hindu law is seen as a sacrament as opposed to a contract. The answer to this question clearly is that no such express provision has been incorporated by the parliament in hindu marriage act, 1955 hma.
Irretrievable breakdown of marriage under hindu law. Marriage laws amendment bill 2010 in provision relating to divorce. It suggests that a divorce on these grounds would be granted provided it doesnt cause grave financial hardship to the wife. The law commission of india in its 71st report on the hindu marriage act 1955 irretrievable breakdown of marriage as a ground of divorce had suggested. Government of india law commission of india irretrievable. A decree of divorce can only be granted when one of the grounds as enumerated in section of the hindu marriage act 1955 has been made out. Latest judgments on divorce in india by divorce lawyers. Is irretrievable breakdown of marriage is ground for dissolution of marriage by divorce, under hindu marriage act, 1955. Irretrievable breakdown is, by far, the most commonly cited grounds for. The laws that regulate marriage breakdown and the patterns of marriage and divorce in australia have undergone considerable change over the past two decades. Mens rights activists are protesting against irbm irretrievable breakdown of marriage law proposed under marriage laws amendment bill, 20 which will enable wives to get divorce and also grab alimony and husbands property, after 3 years of separation. An irretrievable breakdown of marriage is also termed as irretrievable breakdown, irremediable breakdown of the marriage, or irremediable breakdown.
Ma affidavit of irretrievable breakdown 2007 complete. Under the hindu marriage act, 1955, a divorce petition can be filed by the parties only after the passage of one year from the marriage date. Pdf an analysis of irretrievable breakdown of marriage as a. Flaws in marriage amendment 2010 bill aka irbm irretrievable breakdown of marriage 20 nov 2014 by videv 5 comments according to latest news, the marriage amendment 2010 bill which was passed during upa regime in 20 in rajya sabha is now being resurrected and hurriedly being reintroduced in winter session of parliament starting on 24th. Thus, it is highly ecommended r that etrievable irr of breakdown of marriage should be fully accepted as a ground for divorce by the legislature. Currently, hindu marriage law does not include irretrievable breakdown of marriage as a ground for divorce. What this means is that you and your spouse simply cant get along, and the marriage is no longer workingits permanently broken. Irretrievable breakdown of marriage another ground for. The indian judiciary keeping due regard to the nature of marriage under indian personal laws and relying on developments of the concept of divorce though has recognized irretrievable breakdown of marriage, but it still cant be exercised as a ground to get a divorce as it lacks legislative recognition. However, the apex court in a number of cases has provided the said relief using its extraordinary powers that allow it to do complete justice. Divorce on irretrievable breakdown of marriage ias parliament. Expressing the concern that divorce could not be granted in a number of cases where marriages were virtually dead due to the absence of the provision of irretrievable breakdown. In 1921, the first divorce on the ground of irretrievable breakdown of marriage was granted by the court in.
The law commission of india has twice recommended that irretrievable breakdown of marriage be included as a new ground for granting divorce to hindus under the provisions of the hindu marriage act and the special marriage act. Petitioner petitioner signature signature please print please print street address street address citytown affid. Jan 15, 2015 even though irretrievable breakdown of marriage has not been stated under section of the hindu marriage act, 1955 as a ground for divorce, there have been many judgments which gave decisions based on the principle. Its a way for a marriage to end without public accusations of fault. Feb 21, 2017 delhi high court playing with irretrievable breakdown of marriage is irretrievable breakdown of marriage is ground for dissolution of marriage by divorce, under hindu marriage act, 1955.
It seeks to amend the hindu marriage act 1955 and the special marriages act, 1954 which provides for irretrievable breakdown on marriage as a ground. Accordingly, a bill, namely, the marriage laws amendment bill, 1981, further to amend the hindu marriage act, 1955 and the special marriage act, 1954, was. Apr 28, 20 meaning of irretrievable breakdown of a marriage in india. Dec 28, 2019 the law commission of india has twice recommended that irretrievable breakdown of marriage be included as a new ground for granting divorce to hindus under the provisions of the hindu marriage act and the special marriage act. Rriage has suffered an irretrievable breakdown which began on or about. Irretrievable breakdown of marriage legal service india. Pdf an analysis of irretrievable breakdown of marriage.
Further, the court took note that this was donenot only in cases where parties ultimately, before this court, have agreed to do so. Irretrievable breakdown of marriage under hindu law legistify. Irretrievable breakdown of marriage infinity law group llc. Irretrievable breakdown of marriage as a ground of divorce under the. Irretrievable breakdown of marriages in india divorce. The supreme court used its extraordinary powers under article 142 of the constitution to grant divorce in a case of irretrievable breakdown of marriage. The bench of justices sanjay kishan kaul and k m joseph passed a judgment to this effect after taking note that the supreme court has earlier invoked its inherent powers under article 142 to grant a divorce on the ground of irretrievable breakdown of marriage. The situation that exists when either or both spouses no longer are able or willing to live with each other, thereby destroying their husband and wife relationship with no hope of resumption of spousal duties. Nov 20, 2014 mens rights activists are protesting against irbm irretrievable breakdown of marriage law proposed under marriage laws amendment bill, 20 which will enable wives to get divorce and also grab alimony and husbands property, after 3 years of separation.
Irretrievable breakdown of marriage the law commission of india as well as judiciary demands the inclusion of irretrievable break down as marriage as a special ground for divorce under hindu marriage act,1955, as it is felt that due to the technicalities involved in existing theories of divorce it sometimes become complex for parties in seeking separation. Irretrievable breakdown of the marriage irretrievable breakdown of the marriage. Irretrievable breakdown of marriage as new clause for. Law commission of india, 71st report on the hindu marriage act, 1955. An analysis of irretrievable breakdown of marriage as a ground for divorce by saema jamil marriage in hindu law is seen as a sacrament as opposed to a contract. Irretrievable breakdown of marriage legal services india. Then why did the delhi high court by its judgement dated 21st october 2016.
Neelu kohli air 2006 sc 1675 recommended to the union of india to seriously consider bringing. The concept of irretrievable breakdown of marriage to be made a ground for divorce under the hindu marriage act, 1955 has been although a lot more debated but it has equally been criticised at various points by the state high courts and the government of india. Irretrievable breakdown of marriage is not a ground for divorce under the hindu marriage act, 1955. Editorial analysis scs use of extraordinary powers in the.
All states recognize some version of a nofault divorce, generally referred to as a divorce based on an irretrievable breakdown or irreconcilable differences. Law advantage and disadvantage of irretrievable breakdown of marriagea ground for divorce in hindu law. The commission first suggested an amendment in 1978 in its 71st report, and in 2009 in the 217th report. The hindu marriage act recognize few grounds for dissolution of marriage in section. Envisioning the concept of irretrievable breakdown of marriage. Section 27 of the special marriage act,1954 similarly provides grounds for grant of divorce in the case of a marriage solemnised under the act. The irretrievable breakdown of marriage the marriage laws amendment bill, 2010 incorporated another ground for seeking divorce, namely the irretrievable breakdown of marriage under the hindu. May 01, 2012 the marriage laws amendment bill seeks to amend the hindu marriage act, 1955, and the special marriage act, 1954, to provide for irretrievable breakdown of marriage as a new ground for divorce. Dec 27, 2019 currently, hindu marriage law does not include irretrievable breakdown of marriage as a ground for divorce. Meaning of irretrievable breakdown of a marriage in india. Here in massachusetts, our version of irreconcilable differences is called irretrievable breakdown.
The legislature has been conscious of the social developments and the need for making available the remedy of divorce in more and more situations. That is, there is still no codified law for irretrievable breakdown of marriage. To further understand the scope of the model, few landmark case laws have been discussed. Irretrievable breakdown of marriage legal definition of. An analysis of irretrievable breakdown of marriage as a ground for divorce. Recently, the supreme court also in naveen kohli v. The irretrievable breakdown of a marriage provides the ground for a nofault divorce in many.
Date in particular, our marriage has suffered an irretrievable breakdown because. As per the report in 1920, new zealand was the first of the commonwealth countries to introduce that a separation agreement of three or more years could become a ground to file divorce before the courts. Irretrievable breakdown of the marriage is a ground for divorce. Law minister recently moved in the upper house of parliament bill to amend the hindu marriage act. The hindu marriage act, 1955 lays down the law for divorce. This is based on incompatibility between marriage partners and that is used in many states as the sole ground of nofault divorce. Its generally an easier and friendlier way to approach divorce in our state.
Irretrievable breakdown of marriage applicability and. Divorce on irretrievable breakdown of marriage current. Neelu kohli has recommended an amendment to the hindu marriage act, whereby either spouse can cite irretrievable breakdown of marriage as a reason to seek the divorce. However,the two acts do not provide irretrievable breakdown of marriage as a ground for divorce. An analysis of irretrievable breakdown of marriage as a. Irretrievable breakdown of marriage divorce lawyers india. Law advantage and disadvantage of irretrievable breakdown of marriage a ground for divorce in hindu law, marriage was sacrament, a union, and indissol.