RECOGNITION OF IRRETRIEVABLE BREAKDOWN AS BASIS OF DIVORCE IN INDIA: JUDICIAL INTERPRETATION 2016-2020
Modernisation has affected the concept of marriages just like all the other aspects of life. Now instead of the relation between two families; it has become relation between two individuals. The more individualistic approach in living has made divorce acceptable in society. With this advancement, divorce rates are also increasing especially amongst Hindus. According to data of 2017 among divorced Indian woman 68% are Hindu (Govt. of India, 2017). In such a scenario sometimes law act as a hindrance when even after living separately, one party refuses to divorce out of revenge or many reasons and other is unable to prove any fault. With the same old grounds of divorce, judiciary has played a key role to resolve the issues raised due to new kinds of facts. So the object of the research is to highlight the role played by the judiciary in progressive development of irrevocable failure of marriage as ground of dissolution of marriage and the requirement of it as a reason of divorce under Hindu Marriage Act, 1955 (hereinafter mentioned as Act or HMA) and suggest certain circumstances under which the marriage can be treated as broken down beyond repair..