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Report No. 71

6.6. Period not to be too long or too short.-

As to Question 3, which deals with the period of living apart1 the only consideration that should be borne in mind is that the period should not be so long as to prove intolerable and tantamount to a denial of relief, nor should it be too short as to amount to an encouragement to the seeking of divorce in haste without considering the possibility of working the marriage in future notwithstanding its temporary failure in the past.

Notwithstanding such temporary failure and loosening of the bond that is expected to bind the parties together, there still may be hope of saving the marriage. There may have been a disruption of the essence of marriage, but not its destruction. The line between disruption and destruction may be a fine one, but is nevertheless one which no wise legislator should be ready to disregard. On this reasoning, it is our view that a period of living apart for three years should be required before the breaking-down may be said to be irretrievable.

1. Para. 6.2, supra.



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




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