Irretrievable breakdown of marriage can be a ground for divorce soon, as NDA government is considering to amend the Hindu Marriage Act and the Special Marriage Act.
"The marriage amendment Bill provides a clause that irretrievable breakdown of marriage can be a ground for dissolution of marriage. Soon the government will work on it and amend the marriage laws," Union Law Minister DV Sadananda Gowda said 10 days after taking over the charge.
Amendment of few laws including marriage laws, Motor Vehicle Act, Arbitration and Conciliation Act and Negotiable Instrument Act are the priorities of his ministry.
The Irretrievable Breakdown of Marriage clause allows for speedier separation if the husband and wife have stayed apart for at least for few years before filing divorce on the grounds of non-fulfillment or unhappiness and there is no chance of reconciliation.
Various courts including the Supreme Court have granted decree of divorce to several couples on the ground of Irretrievable breakdown of marriage.
However, this ground does not exist in the marriage laws and the Apex Court had in 2006 had suggested the Centre to include this as a ground for divorce in the marriage related laws.
Even, the Law Commission in its 71st Report had recommended for the inclusion of this ground into the laws.
As per Law commission Report, "the Hindu marriage should be allowed to be dissolved if the husband and wife have lived apart for a period of say five to ten years and the marriage is irretrievably broken down due to incompatibility, clash of personality or similar other reasons, as is permissible under many systems of law of advanced countries."
Irretrievable breakdown of marriage has been defined in various cases by the courts that it is a situation where either or both spouses are no longer able or willing to live with each other, thereby destroying their husband and wife relationship with no hope of resumption of spousal duties.
This issue was taken up by the government several times in past but due to opposition from various quarter particularly some women activists groups the same was failed to be included in the law.
Erstwhile UPA government in March 2012 had obtained the Union Cabinet's approval to the Marriage Laws (Amendment) Bill, 2010, by which "irretrievable breakdown of marriage" was included but the same was lapsed with the dissolution of 15th Lok Sabha.
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