Irretrievable breakdown.
Querist :
Anonymous
(Querist) 19 November 2011
This query is : Resolved
Decree of Divorce for Irretrievable Breakdown of marriage & mutual consent Divorce same....
Querist :
Anonymous
(Querist) 19 November 2011
Is Decree of Divorce for Irretrievable Breakdown of marriage & mutual consent Divorce same ?????....
ajay sethi
(Expert) 19 November 2011
irevitable break down of marriage is not recognised as ground for divorce .however parties can by mutual consent get divorce
Recently the Supreme Court [Naveen Kohli v. Neelu Kohli 2006(3) SCALE 252] has recommended an amendment to the Hindu Marriage Act, whereby either spouse can cite irretrievable breakdown of marriage as a reason to seek divorce. Expressing the concern that divorce could not be granted in number of cases where marriages were virtually dead due to the absence of the provision of irretrievable breakdown, the court strongly advocated incorporating this concept in the law in view of the change of circumstances.
we have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties. Where there has been a long period of separation it may fairly be surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie. By refusing to sever the tie the law in such cases do not serve the sanctity of marriage, on the contrary, it shows scant regard for the feelings and emotions of the party.
In our considered opinion, wisdom lies in accepting the pragmatic reality of life and take a decision which would ultimately be conducive in the interest of both the parties’’.
The Court observed that public interest demands that the married status should, as far as possible, as long as possible and whenever possible, be maintained. However, where a marriage has been wrecked beyond any hope of being repaired, public interest requires the recognition of the fact. The judgment notes that there is no acceptable way in which a spouse can be compelled to resume life with the consort and that situations causing misery should not be allowed to continue indefinitely and that law has a responsibility to adequately respond to the needs of the society.
Querist :
Anonymous
(Querist) 19 November 2011
ajay sir, but my querry is that mcd & ibm same ??? if not than what is difference both
ajay sethi
(Expert) 19 November 2011
IBM -The situation that exists when either or both spouses no longer are able or willing to live with each other, thereby destroying their husband and wife relationship with no hope of resumption of spousal duties
mutual consent - when both agree for divorce.
they are not the same . there may be Irrevitable breakdown but parties may not agree for divorce.
Rajeev Kumar
(Expert) 19 November 2011
I think now Mr.Ajay has cleared your doubt and i do agree with him
Shonee Kapoor
(Expert) 19 November 2011
No it is not same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 19 November 2011
No Decree of Divorce for Irretrievable Breakdown of marriage can be passed although on suggestion of Supreme Court a legislation has been enacted but its enforcement is yet awaited.
Mutual consent Divorce is available.
Devajyoti Barman
(Expert) 20 November 2011
Both are definitely not same but the first one must be present in the second one.
Devajyoti Barman
(Expert) 20 November 2011
Both are definitely not same but the first one must be present in the second one.
Sailesh Kumar Shah
(Expert) 23 November 2011
Both are not same. Mutual consent divorce can be exercised only.
