217th Report on Irretrievable Breakdown of Marriage - Law ...

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quarrels must be weighed from that point of view in determiningwhat constitutes cruelty in each particular case and alwayskeeping in view the physical and mental conditions of theparties, their character and social status. A too technical andhypersensitive approach would be counter-productive to theinstitution of marriage. The Courts do not have to deal withideal husbands and ideal wives. It has to deal with particularman and woman before it. 11.3 In Naveen Kohli v. Neelu Kohli 2 the Supreme Courtrecommended to the Union of India to seriously consider bringing anamendment in the Hindu Marriage Act, 1955 to incorporateirretrievable breakdown of marriage as a ground for divorce in thefollowing words:“Before we part with this case, on the consideration of thetotality of facts, this Court would like to recommend the Unionof India to seriously consider bringing an amendment in theHindu Marriage Act, 1955 to incorporate irretrievablebreakdown of marriage as a ground for the grant of divorce. Acopy of this judgment be sent to the Secretary, Ministry of Law& Justice, Department of Legal Affairs, Government of India fortaking appropriate steps” 31.4 Earlier, in Ms. Jorden Diengdeh v. S. S. Chopra 4 the SupremeCourt observed:1Mayne’s Treatise on Hindu Law & Usage (16 th Ed.) Revised by Justice Ranganath Misra (New Delhi:Bharat Law House, 2008), page 292.2AIR 2006 SC 1675.3Ibid., para 96.4AIR 1985 SC 935.10
“It appears to be necessary to introduce irretrievablebreakdown of marriage and mutual consent as grounds ofdivorce in all cases.…We suggest that the time has come forthe intervention of the legislature in those matters to provide fora uniform code of marriage and divorce and to provide by lawfor a way out of the unhappy situation in which couples like thepresent have found themselves.” 51.5 It is pertinent to notice that the Law Commission of India hasalready submitted a very comprehensive 71 st <strong>Report</strong> on irretrievablebreakdown of marriage as a ground of divorce. The matter had beentaken up by the Commission as a result of a reference made by theGovernment of India. The Law Commission under the Chairmanshipof Shri Justice H. R. Khanna presented its <strong>Report</strong> on April 7, 1978.The <strong>Report</strong> considered the suggestion and analyzed the same inextenso. Before embarking upon further action on the suggestion thatirretrievable breakdown of marriage should be made as a ground fordivorce, the Law Commission considered it appropriate to inviteviews on the matter by issuing a brief questionnaire. TheCommission in its 71 st <strong>Report</strong> have accepted in principle irretrievablebreakdown of marriage as a ground of divorce and also examined thequestion as to how exactly to incorporate it into the Act and alsofurther examined the question whether the introduction of such aground should be coupled with any safeguards. The Commissionalso in Chapter II of the said <strong>Report</strong> considered present law underthe Hindu Marriage Act, merits and demerits of the theory ofirretrievable breakdown of marriage in Chapter IV and retention of5Ibid., para 7.11
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Page 13 and 14: wrecked beyond the hope of salvage,
Page 15 and 16: 2.6 The Calcutta High Court in Tapa
Page 17 and 18: 2.10 In Vinita Saxena v. Pankaj Pan
Page 19 and 20: - The marriage between the parties
Page 21 and 22: ‘The Legislature must, I think, b
Page 23 and 24: to square one. On appeal, the Supre

217th Report on Irretrievable Breakdown of Marriage - Law ...

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