But what if there is nothing left in a marriage?

The Supreme Court last week held that ‘irretrievable breakdown’ of marriage was no ground for divorce under the Hindu Marriage Act. But when can a breakdown be termed “irretrievable”, and what lies ahead for couples who see nothing left in their marriage?

Legal eagles interpret the apex court judgment in different ways.

Former Supreme Court judge Justice PB Sawant said, “Irretrievable breakdown should go beyond law. People should be given divorce on these grounds irrespective of their religion.”

The case before the court was of a Delhi businessman, who contended that his wife had lived with him for only 25 days, and there was no possibility of them being back together. The court turned down his divorce application, stating that ‘irretrievable breakdown’ of marriage was not a ground under Section 13 of the Hindu Marriage Act.
Justice Sawant explained that there is no definition of irretrievable breakdown in law, and it has to be determined in every case. “If the damage between the parties cannot be mended, what is the use of keeping the two together?” he asked.

Even in the SC case, justice Sawant said not staying with the husband for more than 25 days could be a ground for divorce. “The court could have granted divorce to the couple, but on the ground of desertion, and not of irretrievable breakdown,” he said.

Former judge of the Bombay High Court, Justice VG Palshikar said, “It is after taking the facts and circumstances of that case that the Supreme Court may have passed its order. Irretrievable breakdown is recognised in law otherwise.”

Women’s rights lawyer Veena Gowda said, “If irretrievable breakdown is to be recognised as ground for divorce, duties have to come with it.” In countries that recognise it, women also have the right to matrimonial property.