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May 2, 2023 · Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period. Given the expansive amplitude of power under Article 142 (1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that ...
- Understanding Irretrievable Breakdown of Marriage
- Legal Provisions For Irretrievable Breakdown of Marriage in India
- Irretrievable Breakdown of Marriage Under The Hindu Marriage Act
- Irretrievable Breakdown of Marriage Under Muslim Law
- Judicial Interpretation of Irretrievable Breakdown of Marriage
- Challenges in Proving Irretrievable Breakdown of Marriage
- Merits and Demerits of The Theory of Irretrievable Breakdown
- Irretrievable Breakdown of Marriage vs. Other Grounds For Divorce
- Counselling and Mediation in Irretrievable Breakdown of Marriage Cases
Irretrievable breakdown of marriage refers to a situation where a marriage has reached a point of complete breakdown, with no possibility of reconciliation or restoration. It is a concept that recognizes the practical reality that some marriages have become so dysfunctional and unbearable that continuing the relationship would only lead to further ...
Currently, India does not have specific legal provisions for the irretrievable breakdown of marriage as a ground for divorce. The Hindu Marriage Act, the Special Marriage Act, and other personal laws in the country provide certain grounds for divorce, such as cruelty, adultery, desertion, and mutual consent. However, in recent years, there have bee...
The Hindu Marriage Act does not currently recognize irretrievable breakdown of marriage as a specific ground for divorce. However, despite the absence of such legislation, individuals still approach the courts seeking dissolution of their marriages on the basis that the relationship has irretrievably broken down, and there is no purpose in preservi...
Under Muslim law, the concept of irretrievable breakdown of marriage is not explicitly recognized as a ground for divorce. However, Section 2(ix) of the Dissolution of Muslim Marriage Act, 1939 serves as a residual ground where the courts have discretionary powers. In cases where the wife has been living separately from her husband for a significan...
There have been several Apex Court judgments in India that have addressed the concept of irretrievable breakdown of marriage. Some notable judgments are provided as follows: 1. Shilpa Sailesh v. Varun Sreenivasan (2023):In this case, the Constitution Bench of the Supreme Court recognized that Article 142 empowers it to dispense justice, equity, and...
In Indian courts, proving an irretrievable breakdown of marriage as a ground for divorce can present certain challenges. Some of these challenges include: 1. Lack of legislative recognition: The Hindu Marriage Act, which governs divorce proceedings for Hindu marriages, does not explicitly recognize an irretrievable breakdown of marriage as a ground...
The theory of irretrievable breakdown of marriage is a legal concept that allows for the dissolution of a marriage when it is no longer possible for the couple to live together as husband and wife. The merits of this theory include that it provides a way for couples who are no longer compatible to end their marriage without having to prove fault or...
In India, divorce can be sought on various grounds, including cruelty, adultery, desertion, and mutual consent. However, the concept of irretrievable breakdown of marriage has gained recognition and importance in recent years, despite not being explicitly provided as a ground for divorce under the existing legislation. Unlike other grounds for divo...
In cases where a marriage has irretrievably broken down and divorce seems imminent, counselling and mediation play a crucial role in assisting the parties involved. These processes aim to promote communication, understanding, and resolution of disputes in a peaceful and amicable manner. Counselling serves as a platform for the parties to express th...
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5 days ago · The concept of irretrievable breakdown of marriage refers to a situation where the marriage between two people has completely failed, leaving no reasonable chance of reconciliation. This concept shifts the focus from assigning blame for the failure of the marriage to acknowledging its end. The concept was pioneered in New Zealand in 1920 ...
May 2, 2023 · We explain the Constitution Bench verdict on the Supreme Court's powers to grant divorce on the ground of irretrievable breakdown of marriage
The concept of "irretrievable breakdown of marriage" refers to a situation in which a couple is no longer able to cohabitate as husband and wife.
The Irretrievable breakdown theory of divorce is the fourth and the most controversial theory in legal jurisprudence based on the principle that marriage is a union of two persons based on love affection and respect for each other.
The Law Commission of India in its 71st Report titled "The Hindu Marriage Act, 1955 - Irretrievable Breakdown of Marriage as a Ground of Divorce" recommended amendments in the Hindu Marriage Act to make irretrievable breakdown of marriage as a new ground for granting divorce among the Hindus. Recently, the Supreme Court also in Naveen Kohli v.
