Divorce On the Ground of – Irretrievable Breakdown of Marriage

In R. Srinivas Kumar v. R. Shametha, 2020 (138) ALR 265, divorce was granted on the ground of irretrievable breakdown of marriage, after examining various judicial pronouncements. It has been noted that such powers are exercised not in routine, but in rare cases, in view of the absence of legislation in this behalf, where it is found that a marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably. That was a case where parties had been living apart for the last twenty two years and reunion was found to be impossible. Not only is the continuity of this marriage fruitless, but it is causing further emotional trauma and disturbance to both the parties. Munish Kakkar v. Nidhi Kakkar, 2021 (145) ALR 202.