IRRETRIEVABLE BREAKDOWN OF MARRIAGE THEORY: NEED OF THE HOUR

The doctrine of irretrievable breakdown of marriage has emerged as a significant development in modern matrimonial jurisprudence, reflecting the transition from fault-based divorce towards a more pragmatic recognition of marital realities. While the Hindu Marriage Act, 1955 continues to predominantly adopt a fault-oriented framework, increasing judicial intervention has highlighted the inadequacy of existing statutory grounds in addressing marriages that have completely and permanently collapsed. This article examines the evolution of the irretrievable breakdown theory within Indian family law and evaluates whether its formal statutory recognition has become a legal necessity. Employing a doctrinal research methodology, the study analyses the evolution of divorce theories, including the fault, consent, and breakdown theories, and critically examines the recommendations of the Law Commission of India alongside comparative developments in jurisdictions such as the United Kingdom and the United States. The article further explores the judicial recognition of the doctrine through landmark decisions of the Supreme Court, including Naveen Kohli v. Neelu Kohli, Samar Ghosh v. Jaya Ghosh, R. Srinivas Kumar v. R. Shametha, and Shilpa Sailesh v. Varun Sreenivasan, with particular emphasis on the exercise of extraordinary powers under Article 142 of the Constitution. The study argues that continued reliance on judicial discretion to dissolve irretrievably failed marriages underscores the inadequacy of the present statutory framework. While acknowledging concerns regarding the protection of economically vulnerable spouses and the preservation of the institution of marriage, the article concludes that these objectives can be safeguarded through appropriate legislative safeguards rather than by denying relief altogether. It advocates the incorporation of irretrievable breakdown of marriage as an independent statutory ground for divorce, thereby promoting judicial efficiency, individual dignity, and a more equitable resolution of matrimonial disputes in contemporary India.