Irretrievable Breakdown of Marriage-New ground for divorce under Section 14 of the Hindu Marriage Act

The Law Commission has recommended that “irretrievable breakdown” of marriage be included as a new ground for granting divorce to Hindus under the provisions of the Hindu Marriage Act and the Special Marriage Act.

In its latest (217th) report submitted to the Centre, the Law Commission has recommended that irretrievable breakdown of marriage should be made a new ground to grant divorce keeping in mind the changing social trends in the country. The report was forwarded by Law Commission chairman A R Lakshmanan, official sources said here today.

Section 13 of the Hindu Marriage Act, 1955 provides grounds for presentation of a petition for divorce. Section 27 of the Special Marriage Act, 1954 similarly provides grounds for grant of divorce in the case of a marriage solemnised under the Act. However, the two Acts do not provide “irretrievable breakdown of marriage” as a ground for divorce.

This is for the second time that Commission has made similar recommendations.

The Law Commission in its 71st Report titled “The Hindu Marriage Act, 1955: Irretrievable Breakdown of Marriage as a Ground of Divorce” had recommended amendments in the Hindu Marriage Act to make irretrievable breakdown of marriage as a new ground for granting divorce among the Hindus.

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