Irretrievable Breakdown of Marriage

Recently, the Supreme Court, in a case hearing, using Article-142 of the Constitution, considered the "Irretrievable Breakdown of Marriage" as the basis for the separation of marriage.

Issue

The Irritable Breakdown of Marriage is not considered the basis for a separation of marriage under the Hindu Marriage Act, 1955 (Hindu Marriage Act, 1955).

1. However, the Supreme Court has exercised its extraordinary powers under Article-142 to ensure complete justice in many cases.

2. The grounds for dissolution of marriage in the Hindu Marriage Act, 1955:

3. The Hindu Marriage Act 1955 provides for the process of dissolution of marriage, which applies to those who believe in Hinduism, Buddhism, Jain and Sikhism.

There can be the following grounds for separation of marriage under Section 13 of this Act:

Adultery - If one of the spouses establishes an extramarital affair with another person, it can be considered the basis of the breakup.

Cruelty - If cruelty is physical, sexually or mentally tortured by the spouse, it can be considered as the basis of marriage separation under cruelty.

Desertion - If one of the spouses has left their partner and they have been living separately for two consecutive years before filing a divorce application.

Proselytize - If one of the husband and wife has accepted another religion.

Mental disorder (Unsound Mind) - Either spouse suffers from an incurable mental state and insanity, and it is impossible for them to be with each other.

In addition, under Section 13B of the Act, mutual consent has been considered the basis of marriage separation. Section 27 of the Special Marriage Act 1954 (Special Marriage Act, 1954) provides for the severance of marriage for a lawfully concluded marriage under it. However, neither of these acts has the Irritable Breakdown of Marriage as the basis for marriage separation.

Rule (Irritable Breakdown of Marriage)

Recently KR Srinivasa Kumar vs. R. (Shametha case), the Supreme Court, while examining various judicial decisions, gave the verdict on the separation of the Irritable Breakdown of Marriage as the basis.

The Supreme Court stated in its decision that cases, where marital relations are completely impracticable, emotionally dead, without any possibility of improvement, and incompletely broken, can be considered the basis for marriage separation.

Such marital relations are fruitless, and their continuation causes mental harassment to both parties. In these cases, the Court must exercise its extraordinary powers under Article 142 due to the absence of any statutory provision.

Under Article 142, the Supreme Court has the power that in cases where a decision cannot be taken by law or by law, in that case, it can give a final decision by bringing that matter under its own jurisdiction.

The Court has also previously considered the Irritable Breakdown of Marriage as the basis for the separation of marriage, using Article-142, where the marital relationship dies in many cases.

The Law Commission of India has twice before included the Hindu Marriage Act and the Special Marriage Act to make an irreversible separation in Hinduism the basis for the separation of marriage. Is recommended.

In this regard, the Law Commission recommended the amendment of the Act for the first time in its 71st report in the year 1978 and the second time in its 217th report in the year 2009.

Application

Article 142 of the constitution

Under Article 142 (1) of the Constitution, the Supreme Court while exercising its jurisdiction, may make such decisions or orders as may be necessary to render full justice in any matter pending before it.

Decisions or orders made under it will apply to the whole of the Union of India, like the Parliament or the rules made thereunder unless any other provision related to it is implemented by the President or his order.

Under Article 142 (2), the Supreme Court shall have the power to order any person in the entire territory of India to appear, disclose any documents, investigate any contempt, or punish.

Conclusion of Case

This provision empowers the Supreme Court to ensure "full justice" and is often used only in human rights and environmental protection matters.

Article 142 of the Constitution was also used by the Supreme Court in the Ayodhya land dispute case.