Report No. 71

1.5. Hindu Marriage Act.-

The relevant provisions of the Hindu Marriage Act regarding divorce are contained in sections 13, 13A and 13B. It may be mentioned that section 13B provides for a decree of divorce by mutual consent and was inserted in 1976.

A petition for divorce on the ground of irretrievable breakdown of marriage as visualised by us would not make it necessary for the court to go into the question as to which party was at fault before granting a decree of divorce, and it would be enough to prove that the relations between husband and wife have reached such a breaking point that there is no possibility of reconciliation. This would obviate the necessity of producing evidence of acrimony and other incidents during the married life, some of which the parties may not like to reveal.