Report No. 71

1.4. Fundamental question not discussed in past Report.-

The suggestion has raised an important question concerning section 13 of the Hindu Marriage Act, 1955. The Act came up for consideration before the Law Commission a few years ago1, but the question of introducing breakdown of marriage as a ground of divorce was not before the Commission. Such reference to, or reliance on2, the breakdown principle as occurred in the Report was only incidental. No doubt, the consideration that it is impossible to continue the marriage relationship underlies many of the specific grounds of divorce provided in the present Act. But, in itself, it is not a ground of divorce under the Act. In this sense, the suggested provision raises an important question.

1. 59th Report of the Law Commission (Hindu Marriage Act, 1955 and Special Marriage Act, 1954) (March, 1974).

2. 59th Report or the Law Commission (Hindu Marriage Act, 1955 and Special Marriage Act, 1954), para. 1.20, para 2.18 and para. 7.5.