Irretrievable breakdown of marriage

Irretrievable breakdown of marriage ought to be a ground for granting divorce, the Law Commission of India has recommended, it was announced today.

The Commissions 217th Report on Irretrievable Breakdown of Marriage-Another Ground for Divorce has been forwarded by Chairman A R Lakshmanan to Law and Justice Minister Hans Raj Bhardwaj.

A Ministry statement noted that Section 13 of the Hindu Marriage Act, 1955 and Section 27 of the Special Marriage Act, 1954 each provides grounds for seeking divorce.

But neither lists irretrievable breakdown of marriage as a ground.

This is not the first time the Law Commission has commented on the subject.

In its 71st Report-- The Hindu Marriage Act, 1955: Irretrievable Breakdown of Marriage as a Ground of Divorce-- the Commission was for thus amending the Hindu Marriage Act.

Some three years ago, the Supreme Court in Naveen Kohli vs Neelu Kohli recommended to the government to seriously consider bringing such an amendment.

In the light of the Judgment, the Commission suo motu examined extant legislations and apex court and High Court judgments on the subject and advocated incorporating irretrievable breakdown of marriage as another ground for granting divorce under the two Acts.

The statement stressed that before granting a decree for divorce on that ground a Court also examine whether adequate financial arrangements have been made for the parties and children