IRRETRIEVABLE BREAKDOWN OF MARRIAGE AS A GROUND FOR DIVORCE: ANALYSING ITS VALIDITY IN INDIA

The laws of divorce can be said to operate under two main theories: the fault theory and the no-fault theory. While the fault theory requires proof of fault or misconduct on the part of either spouse on the basis of specific statutory grounds, the no-fault theory does not intend to place blame on either party but rather examines the nature of the marital relationship. If the marriage is characterised by irreconcilable differences, divorce may be granted on the basis of a unilateral or joint petition by the parties. Since the late 20th century, there has been a gradual shift from the fault-based regime, which is characterised by prolonged litigation and great mental agony for the parties, to the recognition of no-fault grounds. In this context, this research paper examines the concept of no-fault divorce and irretrievable breakdown of marriage. The paper further aims to analyse the legal framework, landmark judgements, and the existing literature on irretrievable breakdown of marriage as a ground of divorce in India and around the world.