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Legal Aspects Of The Irretrievable Breakdown Of Marriage

Submitted by asandil on Wed, 05/14/2014 - 19:24

Marital relations are the matters of highly delicate and fragile nature. They require mutual trust, respect, appreciation, affection and friendship with sufficient room for sensible changes with the mate. The marital relationship between two human beings needs to be adjusted in terms of social standards too. Marriage constitutes the exact premise of social association. Hindu law sees marriage as a ceremony that is insoluble and interminable. This sacred character of marriage has offered ascent to specific inconsistencies.

Hence, there was a component of bad characteristic on the wife in Hindu law. To counter such disparities around companions and to secure the sacred part of marriage, Hindu Marriage Act, 1955 was authorized which gave certain marital cures.

It is the establishment of the family, and thus without which, no societal progress can exist. A marriage solemnized, whether before or after the initiation of the Hindu Marriage Act, 1955 must be broken up by a pronouncement of separation on any of the grounds specified in Section 13 of the Act. Unless and until, a Hindu marriage is broken down as per the provisions of the Act, none of the mates can go for the second marriage. Accordingly, it is clear from the different procurements of the Act that the present day Hindu Law strictly upholds monogamy.

The term Irretrievable simply stands for that couple can no more live together as husband and wife. Both the parties involved must demonstrate that the marriage has broken down so seriously that there is no sensible chance of getting back together.

Till date, there is still no systematized law for lost breakdown of marriage. The Hindu Marriage Act perceives few justifications for disintegration of marriage in Section 13. Yet with the change in the social spirit's and in perspective of the changing nature of marriage in the general public, the Apex Court of the Country has indicated exceptional concerns over the matter of making unrecoverable breakdown of marriage as a ground for separation.

The Supreme Court, with a perspective to do complete justice and abbreviate anguish of the parties occupied with long-drawn fight, regulated disintegration of marriage. To be sure, these were uncommon cases, as the law does not particularly accommodates the disintegration of marriage on the grounds other than those given in Hindu Marriage Act, 1955.

Hopeless breakdown of marriage is not a ground for separation under the Hindu Marriage Act, 1955. Due to the change of circumstances and for an extensive number of situations where the relational unions are for all intents and purpose dead and unless this idea is pressed into legal procedures, the separation can't be allowed. At last, it is for the Legislature whether to incorporate unrecoverable breakdown of marriage as a ground of separation or not. However Legislature must think about lost breakdown of marriage as a ground for stipend of separation under the Hindu Marriage Act, 1955.

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