Irretrievable Breakdown Of Marriage Analysis
Marriage is a state of being united to a person of the opposite sex as husband or a wife in a consensual and contractual relationship recognised by law. When it comes to Hindu Law, marriage is termed as a sacred relationship. Marriage is both a sacred as well as a contractual relationship. Marriage is a contract creating status. Even in Hindu law though marriage is a sacrament it is also in a sense a civil contract.
According to Hindu Marriage Act, a marriage can take place between the two consenting individuals of opposite sex, who are of sound mind and the bride is more than eighteen years of age and the groom is more that twenty one years of age. One must also know that even if the marriage takes place between a girl and a boy who have …show more content…
It occurs when the spouses do not agree to reconcile and get back together.
Irretrievable breakdown of marriage is a ground which the court can examine and if the Court, on the facts of the case, comes to the conclusion that the marriage cannot be repaired/saved, divorce can be granted. The grant of divorce is not dependent on the volition of the parties but on the Court coming to the conclusion, on the facts pleaded, that the marriage has irretrievably broken down.
The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences should not be exaggerated and magnified to destroy what is said to have been made in heaven. All quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case and always keeping in view the physical and mental conditions of the parties, their character and social status. A too technical and hypersensitive approach would be counter-productive to the institution of marriage. The Courts do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and woman before
According to Hindu Marriage Act, a marriage can take place between the two consenting individuals of opposite sex, who are of sound mind and the bride is more than eighteen years of age and the groom is more that twenty one years of age. One must also know that even if the marriage takes place between a girl and a boy who have …show more content…
It occurs when the spouses do not agree to reconcile and get back together.
Irretrievable breakdown of marriage is a ground which the court can examine and if the Court, on the facts of the case, comes to the conclusion that the marriage cannot be repaired/saved, divorce can be granted. The grant of divorce is not dependent on the volition of the parties but on the Court coming to the conclusion, on the facts pleaded, that the marriage has irretrievably broken down.
The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences should not be exaggerated and magnified to destroy what is said to have been made in heaven. All quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case and always keeping in view the physical and mental conditions of the parties, their character and social status. A too technical and hypersensitive approach would be counter-productive to the institution of marriage. The Courts do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and woman before