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aishwarya   22 August 2018

Irretrievable breakdown of marriage

What is  irretrievble breakdown of marriage??????

Why the rajya sabha bill headed"irretrievable breakdown of marriage as ground for divorce" was not heard and confirmed in Lok sabha??

Why the irretrievable breakdown can't be a ground for divorce in India.It can help couples to start a new life without longing in the courts with despair and harsh waiting of 5-10 years in fault theory.



Learning

 4 Replies

SOLOMON.RAJ (advocate/director)     23 August 2018

Aishwarya,
There are seven grounds whichare laid as valid grounds for divorce . Since this is not falling under the said perview it has been set aside.

Please refer to the Hindu Marriage Act and The Indian Divorce Act.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
1 Like

aishwarya   03 September 2018

Thankyou a lot sir for your response.

SOLOMON.RAJ (advocate/director)     03 September 2018

You are welcome. Feel free to post yourqueries here we all will help u resolve it

Samir N (General Queries) (Business)     04 September 2018

Irretrievable breakdown of marriage though not enacted by law is grounds where Supreme Court (possibly even High COurt) can grant divorce on. I am not sure of the exact legal basis but I am sure that Supreme Court can do so... how you end up there and how long it will take is something that God himself may not be able to predict for Indian courts. Check on judgments in favor... jurisdictions in which they were issued, etc.

Basically this is a western concept which hopefully wil get codified in the law soon. However, the way it works in practice is that the opposing side who does not want divorce will nonetheless argue that there is no breakdown in marriage. So the law can only help to some extent. The Court will then have to decide if really there is an irretrievable breakdown. If both parties agree that there is such a breakdown... then well... you can get divorce even now under mutual consent. 

DISCLAIMER: I am not an advocate but having gone through matrimonial litigations without an advocate, I think I know enough in this area....

 

 


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