International Journal of Contemporary Research in Multidisciplinary

Abstract:

The Hindu Marriage Act, 1955, lays down specific grounds for divorce; however, the absence of "irretrievable breakdown of marriage" as a statutory ground remains a critical gap in Indian matrimonial law. With the growing number of cases where marriages have become merely legal shells devoid of emotional and social substance, it becomes imperative to recognize irretrievable breakdown as a legitimate and humane basis for divorce. This research aims to critically evaluate the relevance, implications, and necessity of including irretrievable breakdown of marriage as an additional ground for divorce under Hindu law. The study also examines the judicial evolution of the concept through various landmark judgments of the Supreme Court, where relief has often been granted under Article 142 of the Constitution despite statutory limitations. Such judicial interventions, while progressive, raise concerns regarding legal consistency and equitable access to justice. The research also explores comparative legal frameworks, particularly from jurisdictions like the UK, Australia, and South Africa, where irretrievable breakdown is a well-established ground, thus offering valuable insights for Indian legal reform. The study adopts a doctrinal and analytical methodology, reviewing statutes, case laws, Law Commission reports, and academic discourse to highlight the growing societal need for this reform. This paper concludes that formal recognition of irretrievable breakdown as a ground for divorce would enhance the efficiency of matrimonial justice, promote the dignity of individuals, and reduce misuse or over-reliance on other grounds such as cruelty or desertion. The study emphasizes the urgent need for legislative intervention to align Hindu divorce laws with contemporary realities and principles of justice.

Keywords:

Irretrievable Breakdown, Hindu Marriage Act, Divorce Law Reform, Judicial Discretion, Matrimonial Justice

Aim/Objectives

Methods