Irretrievable Breakdown of Marriage as a Ground for Divorce in India
Quick answer: Irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act. The Supreme Court, however, can dissolve a marriage on this basis under Article 142 of the Constitution, as the Constitution Bench held in Shilpa Sailesh v. Varun Sreenivasan (2023), but only in exceptional, fully proved cases and not as a right.
What the law says
The Hindu Marriage Act, 1955 lists specific grounds in Section 13 and mutual consent in Section 13B. "Irretrievable breakdown" is not one of them. The Law Commission (71st Report, 1978, and later) and the Supreme Court in Naveen Kohli v. Neelu Kohli (2006) urged Parliament to add it, and a Bill was introduced in 2013, but it lapsed. The courts have developed their own approach in the meantime.
Shilpa Sailesh v. Varun Sreenivasan (2023)
A Constitution Bench held that the Supreme Court can use Article 142 to dissolve a marriage that has irretrievably broken down. It stressed that:
- this is a discretionary power, used to do "complete justice", not a right any spouse can demand;
- the Court will consider factors such as how long the parties have lived apart, the nature of allegations, pending cases, and efforts at settlement;
- it generally will not use this power where it would be unjust to one party, or in a very short marriage;
- parties need not first wait for the cooling-off period if the marriage is beyond repair.
See waiver of cooling-off period.
What this means for you in a Delhi court
A Family Court or High Court in Delhi cannot grant divorce on this ground alone. You must either:
- prove a statutory ground (cruelty, desertion, etc.) in a contested case;
- agree to mutual consent; or
- in exceptional cases, move the Supreme Court under Article 142 (usually when a transfer petition or appeal is already there).
Long separation and repeated litigation are, however, relevant to showing cruelty or desertion. See long separation and mental cruelty and contested divorce vs irretrievable breakdown.
Key judgments
- Samar Ghosh v. Jaya Ghosh (2007): guidelines on mental cruelty and long separation.
- Naveen Kohli v. Neelu Kohli (2006): recommended statutory change.
- Shilpa Sailesh (2023): Article 142 power confirmed.
Our Supreme Court lawyers and divorce lawyers can tell you whether your case is suitable.
Frequently asked questions
Is irretrievable breakdown a ground for divorce in India?
Not under the Hindu Marriage Act, but the Supreme Court can dissolve a marriage on this basis under Article 142 in exceptional cases.
Can a Family Court grant divorce on this ground?
No. A Family Court must apply the statutory grounds or mutual consent.
Does long separation help my case?
Yes. It can support cruelty or desertion and is a key factor in Article 142 cases.
Will Parliament add this ground?
There have been proposals, but no amendment has been enacted yet.
Can the other spouse oppose Article 142 divorce?
Yes, and the Court will weigh fairness, particularly for a spouse who would suffer.
Related guides
- Contested divorce vs irretrievable breakdown
- Cruelty, mental harassment and long separation
- Latest Supreme Court rulings on mutual divorce
- How difficult is divorce in India?
Where we can help
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Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.