Irretrievable Breakdown of Marriage and Access to Dignified Exit from Matrimony: A Critical Study of Indian Family Law

Abstract

Marriage has traditionally been regarded as a sacred and enduring institution within Indian society. However, social transformation, changing notions of individual autonomy, and evolving constitutional values have led to increased recognition of the need for legal mechanisms that allow parties to exit failed marriages with dignity. The concept of irretrievable breakdown of marriage has emerged as an important ground for divorce in several jurisdictions across the world, reflecting the reality that certain marital relationships may become emotionally, psychologically, and practically unsustainable despite the absence of conventional fault-based grounds. In India, although irretrievable breakdown of marriage has not yet been incorporated as a statutory ground for divorce, the Supreme Court has repeatedly invoked its constitutional powers to dissolve marriages that have completely collapsed beyond the possibility of reconciliation. This paper critically examines the concept of irretrievable breakdown of marriage, traces its judicial development in India, analyses comparative international approaches, and explores its relationship with constitutional values such as dignity, personal liberty, and autonomy. The paper argues that legislative recognition of irretrievable breakdown would promote access to a dignified exit from matrimony while reducing prolonged litigation and emotional suffering associated with dead marriages.

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