High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognized as a ground for divorce under Indian law. The court suggested that this could be incorporated into the grounds of cruelty or desertion, similar to the UK. The case involved a husband seeking divorce on grounds of cruelty and desertion, but the wife did not appear in court. The court noted that the marriage had irretrievably broken down due to the wife’s consistent lack of interest. Although irretrievable breakdown is not currently a ground for divorce in India, the court emphasized the need to evolve the law to prevent parties from being bound to dead marriages. The court highlighted the importance of adapting legal provisions to meet the changing needs of society and ensure fairness in matrimonial disputes.