Irretrievable Breakdown Of Marriage: An Analysis
- IJLLR Journal
- May 24, 2023
- 1 min read
Ayushee Sinha, Chanakya National Law University, Patna
Introduction
Irretrievable breakdown of marriage is a legal concept that is recognized in many countries around the world as a ground for divorce. This concept is based on the idea that sometimes marriages simply cannot be saved and that it is better for the parties involved to end the relationship and move on with their lives. In this article, we will explore what irretrievable breakdown of marriage means, how it is defined in different countries, and the legal implications of this concept.
When a marriage is irreparably damaged and there is no chance of a reunion between the partners, the condition is referred to as an irretrievable breakdown of marriage. This can happen for many reasons, including infidelity, abuse, addiction, or simply growing apart over time. When a marriage has irretrievably broken down, it can be emotionally and psychologically damaging for the parties involved to continue to try to make the relationship work. In such cases, divorce may be the best option for everyone involved.
Different countries have different legal frameworks for dealing with this issue. Irretrievable breakdown of the marriage is accepted as a legal basis for divorce in all states in various nations, including the United States. This means that a spouse can file for divorce on the grounds of the marriage's irretrievable breakdown without having to demonstrate the other spouse's specific culpability or conduct.
In India, the grounds for divorce are governed by the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869, depending on the religion and personal laws applicable to the parties involved.