Guest Faculty at SOEL, TNDALU, Chennai and an Advocate at Madras High Court, Chennai, India
“While there is no rose which has no thorns but if what you hold is all thorn and no rose, better throw it away. The ground for divorce is not conjugal guilt but breakdown of marriage” This research paper provides a comprehensive overview of the concept of "irretrievable breakdown of marriage" as a ground for no-fault divorce. It delves into the historical context of divorce laws in India, examining the recommendations of the Law Commission reports, including the 71st and 217th reports, as well as the position of Marriage Laws (Amendment) Bill, 2010. The research paper evaluates the position of the Indian government and judiciary on irretrievable breakdown of marriage and analyze the recognition of Irretrievable breakdown of marriage in other countries like Australia, Canada, Germany, Malta, Russia, United Kingdom, and New Zealand. The implementation challenges and proposed changes in legislation are also discussed. Moreover, the research analyzes the societal and cultural perception of divorce in India and explores the benefits of acknowledging irretrievable breakdown of marriage. Finally, the paper concludes with recommendations for policymakers and lawmakers to address the issue of no-fault divorce in India, highlighting the need for legal reform and social awareness programs to facilitate a smooth transition towards a more liberal divorce regime.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1860 - 1887DOI: https://doij.org/10.10000/IJLMH.114592
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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