Introduction
“Irretrievable” simply means something that cannot be repaired or fixed like a broken
relationship that cannot be brought back to life.
So what is the situation when a marriage is emotionally ended, but the court cannot notice it?
In India, divorce is mainly granted in cases where you establish cruelty, adultery or desertion.
But what to do when both individuals in marriage have emotionally transferred? When love is
non-existent, then fights do not exist, just nothing. This is the point in time when the concept of
irreparable marriage is introduced.
Although the ground of “Irretrievable Breakdown Of Marriage” is not formally included in Indian law related to divorce, the Hon’ble Supreme Court of India has exercised its authority in granting divorce in such instances.
Irretrievable Breakdown Of Marriage: Meaning
It just translates as a marriage that is beyond any repair. Suppose that you want to mend a broken
mirror, it will not succeed. There is no abuse, no malice, only two people whose life is entirely
independent, and a lot of times their lives are independent of years.
That in itself is not a ground to grant divorce in Indian courts. Judges understood: it is illogical to
make two people live together against their wish. That is the reason why they began appreciating this ground particularly in cases where parties have been staying apart 6-8 years or even longer.
The twist is that this has not been enacted into the laws of The Hindu Marriage Act, 1955 as yet. This is
the reason Article 142 of the Constitution of India is significant.
Legal Position in India: Article 142 And The Apex Court Judgment
Even though, the ground of irretrievable breakdown of marriage is not a recognized ground for divorce in Indian Law, article 142 allows and empowers the Hon’ble Supreme Court of India to issue special orders to facilitate complete justice although the existing laws may not fully assist.
In Shilpa Sailesh v. Varun Sreenivasan (2023), the Constitution Bench of the Hon’ble Supreme
Court of India clearly stated that courts have the power to grant divorce in cases of dead marriages. The Court carefully looks at the facts of each case before making
a decision:
- How many years has the separation been?
- Are there no bases of reconciliation left?
- Are there children (in case of any), taken care of in a proper manner?
- Are fair settlements undertaken about financial support?
Impact on Indian Family Law and Relevance for Couples
To most Indians and more so women, this principle is an escape mechanism out of dead and
loveless marriages. And there is no blame anymore, it is about justice and respect.
Since the concept of irretrievable breakdown of marriage has not yet been brought into the
official books, as a basis of divorce under Indian law, yet the courts started to appeal to it, in the
most severe cases, in order to provide relief.
Conclusion
Irretrievable breakdown of marriage in India is being acknowledged by the Hon’ble Supreme
Court today as per Article 142 but not the Parliament. In 2023, there was a large leap in the case
of Shilpa Sailesh judgment. However, it will only work when this ground is added into law
books.
Until that point, Article 142 is the ray of light to all the married couples who get into dead
relationships, and seek closure and peace. This discussion is already under way, and in near
future, India may result in a transparent and fair divorce law in this case.
#irretrievablebreakdownofmarriage #hindumarriagelaw #divorcecases #Article142 #completejustice
BY SNEHA AWASTHI
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