Irretrievable Breakdown Of Marriage
Questionnaire
1. Should there be statutory provision for irretrievable breakdown of marriage. If yes, what do you think
will be the social, constitutional, individual effect or implications of having or not having statutory
provision for irretrievable breakdown of marriage.
2. Statutory provision for irretrievable breakdown of marriage should be included in civil laws(where
marriage is considered a contract) or in all personal Laws(Muslim Law, Parsi Law, Hindu Law,
Christian Law; where marriage is considered a sacred union).
3. What is the difference of implication in both?
4. Section 13(b) of the Hindu Marriage Act provides for a provision for divorce through mutual consent.
Then why is there a need to include irretrievable breakdown of marriage as a ground for divorce.
5. What do you think is the reason for not including irretrievable breakdown of marriage as a ground for
divorce, when Supreme Court has in recent years given judgements to grant divorce in a case of
irretrievable breakdown of marriage. For example Naveen Kohli vs Neelu Kohli.
6. Irretrievable breakdown of marriage will lead to the breakdown of the entire matrimonial institution in
the country and will encourage and give license for the highly unethical practices like adultery. there
will be no requirement of any kind of formality, As in case for restitution for conjugal rights Only
aggrieved can approach Court for the decree, For judicial separation and divorce only innocent party can
approach the court and finally for divorce on mutual ground, on the mutual consent of the parties these
existing remedies will lose credibility and will be of no use as nobody will care for such cumbersome
procedures when they can directly break it. Do you agree or disagree and why?
7. Some believe that including such a ground for divorce is detrimental to women's rights as it can cause
serious harm to women's economic rights in particular to women's right to a matrimonial home. What's
your comment about the same thing?
8. Introduction of IBM would take away the negotiating power of the wives as the husband would be
certain that divorce would be granted to him without the need to prove any fault on the ground, such as
cruelty or desertion against the wife. So he's not going to find the need to get to a settlement with his
wife. How, then will women be economically safeguarded?
9. Our concern is that overburdened courts will welcome this move as it removes the burden of a
cumbersome trial where the courts are obliged to determine the conduct of the spouses and to determine
whether there is a matrimonial fault that will give the spouse the right to divorce. Although the Bill has
a provision that if a divorce causes serious difficulties for women, it cannot be granted. But what
constitutes 'grave hardship' on what basis will the court determine that marriage has been broken
'irretrievably,' will the provision of a three-year separation be sufficient to determine the 'irretrievable
breakdown of marriage?
10. Any concluding remarks that you would like to add?
