Irretrievable Breakdown of marriage cannot be a ground in itself to dissolve marriage

The Delhi High Court reiterated that irretrievable breakdown of marriage could be an additional circumstance to dissolve a marriage in addition to the ground provided under Section 13 of the Hindu Marriage Act.

The above ratio was delivered by the Delhi High Court in the matter of S G Vs. R K G, MAT.APP(F.C.) 5/2018 decided on 08.07.2019

Challenge

An appeal was filed challenging judgment passed by the Family Court whereby the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 filed by the respondent/husband for dissolution of marriage was allowed and the marriage was dissolved by a decree of divorce. The factor relied by the Family Court was that the parties had been separated since 2008 and it was practically a dead marriage and thus the Court concluded that there is an irretrievable breakdown of marriage.

Held

The Delhi High Court concluded that the reason of irretrievable breakdown of marriage basis which divorce was granted to the parties, was erroneous and not supported from the record of the case. The Court observed that an issue of cruelty having been framed, the petition could only have been allowed if the petitioner therein would have proved cruelty. Since the petitioner therein had not been able to substantiate the allegations of cruelty made by him, the judgment of the Family Court dissolving marriage between the parties suffered from infirmity of law and deserved to be set aside.

The Court further observed that irretrievable breakdown of marriage has been blended with cruelty in many recent judgments so as to dissolve the marriage between the parties, where the marriage is completely dead and beyond repair. The Court however, disagreed with the Family Court and reiterated that irretrievable breakdown of marriage by itself is not a ground under the Hindu Marriage Act, on which alone a decree of divorce can be passed. The Court categorically stated that irretrievable breakdown of marriage at best could only be a circumstance which the Court can take into account when cruelty is proved and blend them together.