{"id":36137,"date":"2026-11-12T11:06:36","date_gmt":"2026-11-12T11:06:36","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=36137"},"modified":"2026-11-12T11:13:51","modified_gmt":"2026-11-12T11:13:51","slug":"irretrievable-breakdown-of-marriage-india","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/irretrievable-breakdown-of-marriage-india\/","title":{"rendered":"Irretrievable Breakdown of Marriage: Supreme Court’s Approach to Divorce in India"},"content":{"rendered":"\n

<\/span>From Fault to Breakdown: The Judicial Approach to Irretrievable Breakdown of Marriage Under the Hindu Marriage Act, 1955<\/span><\/h1>\n\n\n\n

<\/span>Abstract<\/span><\/h2>\n\n\n\n

The Hindu Marriage Act, 1955 allows divorce only on specified fault-based grounds under Section 13, besides mutual consent under Section 13B. Marriages that have collapsed beyond repair, but where no statutory fault can be proved, therefore remain legally alive. This paper examines whether irretrievable breakdown of marriage should be recognised as an independent ground for divorce. It traces the Law Commission’s recommendations, analyses the approach of the Supreme Court in Naveen Kohli, Samar Ghosh and Shilpa Sailesh, and evaluates the use of Article 142 of the Constitution to dissolve marriages. The paper argues that the Supreme Court\u2019s use of Article 142 has exposed the inadequacy of the fault-based framework of the Hindu Marriage Act, but it cannot replace legislative reform. Parliament should recognise irretrievable breakdown as a statutory ground, with safeguards for the financially weaker spouse and children.<\/p>

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