Irretrievable Breakdown of Marriage: An Unofficial Reality In The Hindu Marriage Act

Abhishek Kumar Gupta, Faculty of Law University of Delhi

Introduction

Irretrievable Breakdown of Marriage: An Unofficial Reality In The Hindu Marriage Act. Indian society, particularly under Hindu law, has traditionally revered the sanctity of marriage. However, the concept of divorce has evolved alongside societal changes. The Hindu Marriage Act (HMA), 1955, while providing grounds for divorce, doesn’t explicitly recognize the “irretrievable breakdown of marriage” as a standalone reason for dissolution. This concept, however, has emerged as a significant factor in judicial pronouncements by the Supreme Court, creating a nuanced legal landscape.

The Fault-Based System of the HMA

The HMA currently relies on a fault-based system, outlined in Section 13, which allows for divorce on grounds of specific transgressions by one spouse. These grounds include:

1. Adultery (Section 13(1)(i))
2. Cruelty (Section 13(1)(ia))
3. Desertion for a continuous period of not less than three years (Section 13(1)(ii))
4. Conversion from the Hindu religion by the respondent (the spouse who has to defend the case) (Section 13(1)(iii))
5. Incurable unsoundness of mind (Section 13(1)(iv))
6. Virulent and incurable leprosy (Section 13(1)(v))
7. Communicable venereal disease (Section 13(1)(vi))
8. Renunciation of the world by the respondent (Section 13(1)(vii))
9. Presumption of death if the respondent has not been heard of as being alive for a continuous period of seven years or more by those who would naturally have heard of him or her if alive (Section 13(1)(is))

While these grounds provide a framework for divorce, they can be limiting. Marriages may simply break down irretrievably due to incompatibility, lack of emotional connection, or other factors that don’t necessarily fall under the categorized transgressions. This can lead to a situation where a couple is trapped in a loveless and dysfunctional marriage, unable to seek legal separation due to the limitations of the HMA.

The Need for Irretrievable Breakdown

Recognizing this gap, the Law Commission of India, in its 1978 report, recommended incorporating an irretrievable breakdown of marriage as a ground for divorce. This would move away from the fault-based system and acknowledge that marriages can dissolve without assigning blame. The rationale behind this approach includes:-

Providing Relief: Couples in genuinely broken marriages, with no hope of reconciliation, would have a clear path towards legal separation. This can alleviate the mental and emotional strain of a prolonged, unhappy marriage.

Focus on Reality: Marriages can deteriorate due to various factors beyond the categorized transgressions listed in the HMA. Irretrievable breakdown acknowledges this reality and offers a more holistic approach to divorce proceedings.
Reducing Collusion: In the current system, parties may resort to fabricating grounds under existing categories like cruelty, leading to bitterness and manipulation. An irretrievable breakdown could potentially reduce such practices.

The Supreme Court’s View on Irretrievable Breakdown

The Supreme Court, through various landmark judgments, has hinted at the possibility of granting divorce based on the irretrievable breakdown, even though the HMA doesn’t explicitly mention it. Some key examples include:
Vishnu Dutt Sharma v. Shanti Devi (1975): The court observed that a “continuously strained relationship” could be a ground for divorce under cruelty. This opened the door for broader interpretations of cruelty beyond physical harm.
Yudhvir Singh v. Jasbir Kaur (1982): The court emphasized that a “breakdown of irretrievable nature” could be considered under the concept of cruelty.
Jasbir Kaur v. Manjit Singh (2006): The court recognized that living separately for a long period could be a strong indicator of irretrievable breakdown.
These judgments demonstrate the court’s growing recognition of irretrievable breakdown as a significant factor in divorce proceedings. Notably, the court doesn’t disregard the existing grounds entirely. Instead, it interprets them with a more nuanced understanding of marital breakdown.

Current Status and Future Considerations

Despite these developments, the HMA hasn’t been amended to formally include irretrievable breakdowns as a ground for divorce. This creates a situation where:

1. Judicial Discretion: Courts have some flexibility in interpreting existing grounds like cruelty to reflect the reality of a broken marriage. This can lead to inconsistencies in judgments across different courts.
2. Uncertainty for Parties: Couples seeking a divorce based on an irretrievable breakdown may face uncertainty regarding the outcome of their case, as the emphasis remains on proving existing grounds.

The lack of a formal amendment for irretrievable breakdown has led to calls for reform. Proponents argue that formally including irretrievable breakdown would provide Clarity and Consistency as clearer guidelines would lead to more predictable outcomes in court cases, reducing uncertainty for couples seeking divorce. The current system can lead to lengthy and acrimonious proceedings as parties focus on proving specific faults. An irretrievable breakdown could potentially expedite the process by focusing on the state of the marriage itself. A formal amendment could pave the way for a more progressive approach to divorce, where blame is not a central factor.
On the other hand opponents of amending the HMA raise concerns about the sanctity of marriage as they argue that a no-fault system could trivialize marriage and make divorce too easy to obtain. There’s also a possibility that one spouse could misuse the provision to unilaterally force a divorce. The other concerns exist that a no-fault system might lead to increased instability in marriages, particularly impacting traditional values in Indian society.

Conclusion: The Evolving Landscape of Divorce

The concept of irretrievable breakdown of marriage occupies a complex space within the Hindu Marriage Act. While not a formally recognized ground for divorce, it plays a significant role in judicial interpretations. The ongoing debate highlights the need for a balanced approach that acknowledges the realities of marital breakdown while considering potential social implications.
Here are some potential future scenarios:

1. Legislative Amendment: The HMA could be amended to formally incorporate irretrievable breakdown as a ground for divorce, potentially with safeguards to address concerns about misuse.
2. Continued Judicial Interpretation: Courts may continue to interpret existing grounds with increasing emphasis on irretrievable breakdown, gradually evolving a more nuanced legal framework.
3. A Combination Approach: A hybrid approach might emerge, where irretrievable breakdown is considered alongside existing grounds, providing a more comprehensive assessment of the marriage’s state.

The path forward will likely involve ongoing discussions and a careful consideration of social, legal, and ethical aspects. Regardless of the specific outcome, the concept of irretrievable breakdown is likely to remain a crucial factor in shaping the future of divorce proceedings under the Hindu Marriage Act.