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Report No. 71

4.6. Replies to the Questionnaire.-

We may state that majority of the replies received to our Questionnaire have favoured the introduction of this ground of divorce in the Hindu Marriage Act. It has been stated in a reply received from a lady Advocate1 that it is only case where relief (of divorce) ought to be granted and cannot be granted by reason of certain difficulties, that we should now provide for. While recognising the desirability of reducing the necessary of unwilling partners being forced to live together, the reply emphasises that at the same time divorce should not be made absolutely easy, because it will lead to tremendous insecurity for women.

The reply states that to arrive at a conclusion that the marriage has broken down irretrievably, there should be some evidence in the form of a commission of matrimonial offence; at the same time, the reply states that we should obviate the necessity of apportionment of the guilt. Our approach, however; as already stated, is to make provision for divorce in, cases of ,irretrievable breakdown of marriage, irrespective of the fact as to whether any party is or is not at fault.

1. S. No. 19.

4.7. A High Court Judge1 has expressed disagreement with the suggestion that the Hindu Marriage Act, 1955 should be amended with a view to making irretrievable breakdown of marriage as a good ground for grant of a decree of divorce. His comment is:

"In my opinion, such an amendment would put human ingenuity at a premium and throw wide open the doors to litigation, and will create more problems than (are) sought to be solved."

We are, however, inclined, for reasons mentioned elsewhere,2 to agree with the majority view that breakdown of marriage is a good ground for the grant of a decree of divorce.

1. S. No. 25.

2. Para. 4.5, supra.

The Hindu Marriage Act, 1955 - Irretrievable breakdown of Marriage as a Ground of Divorce Back

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