Irretrievable Breakdown as Ground for Divorce in India
On Friday, 11 June 2010, the Indian Cabinet approved an amendment under which a married couple can use irretrievable breakdown as a ground for divorce in India. Although, it is yet to be cleared in the Parliament, the amendment offers respite to many couples in India who are unable to cope with continuing in their marriage. Indian laws for divorce make it difficult for couples to separate from each other legally.
Indian Law: Grounds for Divorce
The grounds for divorce in India are strict and include:
- Cruelty
- Adultery
- Conversion to another religion conversion
- Desertion
- Unsoundness of mind
- Venereal disease in a communicable form
- Virulent and incurable form of leprosy
- Renunciation
- Desertion or no information of being alive for at least a period of seven years
The petitioner must prove one of these grounds to seek matrimonial relief. Well, once the decision is cleared by the Parliament, it will become easier for the petitioner to get a divorce.
Indian Law: Divorce in India will Benefit Couples
Divorce lawyers, it seems, have expressed their thumbs-up to the proposal as they say it would lead to expeditious judgments. “I think this amendment will give a lot of benefit,” said a based Delhi lawyer Rakhi Budhiraja, who also practices divorce cases. She further added “Cases will be sorted out very quickly.”
Some people are of the view that if passed, this proposal would only cause further damage to the society. Conversely, many others feel that there is no point in letting a husband and wife keep suffering from a bad marriage. They will have mental peace and authority to live their lives the way to desire.
@Faizza Abla: Many thanks for giving us the UK legal position as far as irretrievable breakdown of marriage is concerned. We hope you will continue reading our articles and sharing your legal inputs on the same too. It would be informative and interesting for us to have you write your legal experiences and expertise through our legal expert blog too. Feel free to mail us at lawisgreek@gmail.com, thanks. We at LIG look forward to your views and valuable inputs soon.
I am a Uk family solicitor and also an Indian barrister. There is only one ground for divorce in UK law which is that the marriage must have irretrievably broken down.There are very few contested divorce petition in UK family court. Moreover the legal service commission does not even grant funding to contest a divorce petition . which means that the decision is one sided any party who wish to divorce the other party can file the petition and get over it .The other party has no say and therefore there are high numbers of divorces happening here .However,India has a different culture and family values.Adding this ground would really cause harm to the vulnerable parties such as women and children.Also division of property subsequent to divorce is not based on the equality principle.This would give a upper hand to one party such as men to pressurize women for divorce and to get her share in lieu of a divorce decree
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