Marriage broken irretrievably? Grant Divorce

The Honorable Supreme Court has recently ruled that Irretrievable Breakdown of Marriage is no ground for divorce in a ruling. Taking strong exception to the same, the Law Commission has ruled that, the same should be made a ground for divorce. As is evident both views being contradictory to each other, either one of them are beneficial to the society and citizenry at large.

Marriage is a social institution and is the first step towards the formation of family. It gives the people, the much needed support to face the adversaries of life and is a source of happiness for any individual. However, when there is a clash of expectations between individuals and hidden agendas are involved or the mutual trust between partners is broken, the marriage ceases to exist in spirit and remains only on papers.

Irretrievable breakdown of marriage has not been laid down as a ground of divorce in Hindu Marriage Act; however there have been judgments where divorce has been granted on the same basis by the Honorable Supreme Court. But very recently, as mentioned, the Honorable Supreme Court denied divorce on the same grounds saying the law does not permit it. Analysis of the contradictions led to serious revelations. The divorces granted on “Irretrievable Breakdown of marriage” were those demanded by wives while the one recently rejected was demanded by husband.

This is nothing short of discrimination against husbands by the Honorable Supreme Court and is a defeat of human rights of husbands. Be it a man or a woman, a right to peaceful and dignified life is an unchallengeable one and has to be respected at any cost. End of marriage is not the end of life and if two people, after having married to each other are not happy with each other and all means of restoring their marriage have been exhausted, one does not see any reason not to grant them divorce and allow them to move on in life.

A relationship is meant to give support to an individual in a social context and not to form a burden and all relationships are quintessentially trust based. If the trust dies, so does the relation, maintaining it on papers is another fallacy like the relationship itself? A true and mature relationship is one, where even if there is a tiff between the partners, the same can be resolved by making one phone call no matter who makes the call. If any relationship fails this One Phone Call Test, it is better called off and that too in a manner which ensures happiness and mental peace for both the partners.

The Law Commission must be lauded for being so quick in responding to the call of making “Irretrievable Breakdown of marriage” a ground for divorce and calling upon the Center to consider the amendment to Hindu Marriage Act. This call is a triumph of human rights, especially for men, whose rights are often trampled in an over enthused spirit of Women Empowerment which unfortunately is not synonymous with Male Entrapment, the way currently it is being executed.

Save Indian Family Foundation, an NGO dedicated to promote Family Harmony and Gender Equality urges the Center to consider amending the Hindu Marriage Act for including “Irretrievable Breakdown of Marriage” as a ground for divorce.


2 thoughts on “Marriage broken irretrievably? Grant Divorce

  1. I can only say that divorce in India is not easy if one of the parties is not willing. I am getting benefited by this situation.

    My wife has implicated me in all false dowry related cases. Now she is having an affair with a colleague and wants divorce from me so that she can marry her boyfriend.

    If divorce was easy, she would have been free today and I would still have to do rounds of courts for decades to come. (I am doing the rounds today also but at least there is something that my wife wants from me – divorce. So, we have something to negotiate – she will get divorce only when all the criminal proceedings against me come to an end).

    Hence, I am very happy that getting a divorce is so difficult without the consent of both the parties

  2. “Marriage is a social institution and is the first step towards the formation of family”
    It is not a legal contract. It creates no obligation for parties.
    It is another social institution like Hindu Temples and Gods.
    If you want you can go and worship in any manner you wish!

    In the name of codifying Hindu customs not marriage but “Divorce” is made alaw!

    Resitution of Conjugal Rights flows from marriage.
    But this Divorce do not define what is Conjugal Rights!

    Law says Divorce should be granted if Cruelty is commited by any spouse.
    But Cruelty the definiton of cruelty has been left at the convenience of wife!

    Now ‘irrretrivable break down” is sought to added as ground with out defining the word!!

    “…the marriage ceases to exist in spirit and remains only on papers.””

    If anyone male still wants to marry, he should first convert Islam and marry where marriage as well divorce are part of the same social Institution.

    The foolish law and pervert Judiciary has not entered Muslims matrimonial bond perhaps afraid of Talibans.

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