What is Irretrievable Breakdown of Marriage?
Irretrievable breakdown of marriage means that the marriage has broken down to such an extent that no reasonable possibility of reconciliation exists. Unlike fault-based grounds like cruelty or adultery, irretrievable breakdown does not require either spouse to prove the other's wrongdoing. The focus is on the reality of the marital relationship rather than assigning blame.
Current Legal Position in India
India does not yet have a statutory provision for irretrievable breakdown as an independent ground for divorce, though the Law Commission has recommended its inclusion. However, the Supreme Court has used its extraordinary powers under Article 142 of the Constitution to grant divorce on this ground in exceptional cases. The Marriage Laws Amendment Bill proposing irretrievable breakdown as a ground has been pending for several years.
Supreme Court's Exercise of Article 142 Powers
In several landmark cases, the Supreme Court has dissolved marriages on the ground of irretrievable breakdown using its Article 142 powers. In Manish Goel v. Rohini Goel, the court held that Article 142 cannot be used to bypass statutory requirements. However, in subsequent cases like Shilpa Sailesh v. Varun Sreenivasan, the court has granted divorce on irretrievable breakdown where the marriage had completely broken down and reconciliation was impossible, subject to adequate financial provision for the wife.
When Can You Claim Irretrievable Breakdown?
Courts consider: the duration of separation, the number of failed reconciliation attempts, the absence of affection between spouses, the impact on children, and whether continuing the marriage would cause further misery. The key question is whether the marriage has reached a point where no reasonable spouse would be expected to continue living together.
How to File
Since irretrievable breakdown is not a statutory ground, you typically need to file on existing grounds (cruelty, desertion) while arguing that the breakdown is irremediable. In exceptional cases, a direct petition to the Supreme Court under Article 32 or an appeal can result in Article 142 relief. Alternatively, if both parties agree, mutual consent divorce remains the best option.
Advantages and Disadvantages
The advantage of irretrievable breakdown is that it avoids the bitterness of proving fault. The disadvantage is that it is not a guaranteed remedy and depends on judicial discretion. Financial settlements are crucial, and courts often require substantial provision for the wife before granting such a divorce.
For advice on whether irretrievable breakdown applies to your case, consult a family lawyer through WakilSearch.