Conclusion

CONCLUSION This paper is an attempt to critically examine the Irretrievable Breakdown of Marriage Bill, 2010.
Irretrievable breakdown theory is still not a separate ground for divorce under section 13 of Hindu Marriage Act and under section-24 of Special Marriage Act. Marriage is, no doubt, an individual relationship, but more than that it is a social institution having complex social dimensions. The true happiness that the institution of marriage can bestow upon a man/woman is found only in the continued pursuit of harmony by a couple. The imprudent and unguided divorce law may finish all that is good in marriage institution. Even if we take marriage as a mere contract, it cannot be said that it is the parties whose interest have to be considered in divorce proceedings. It is larger social interest which should be put above the individual interest of parties. Apart from this if we look at world we found most of the developed countries of the world have recognized irretrievable breakdown of marriage as an independent ground of divorce. So the need of the hour is that Indian legislators must show their competence and to fulfill the need of the people they must come up with appropriate legislation on the aforesaid topic. The Law Commission of India in its 71st and 217th report recommended amendments in the Hindu Marriage Act by suggesting irretrievable breakdown of marriage as a new ground for granting divorce among the Hindus. Supreme Court has fragmented opinion on this topic. But In the light of Article-142 of the Constitution of India, when there is situation of irretrievable breakdown of marriage then supreme court can pass the decree for the dissolution of the marriage in order to do complete justice between the parties in aid of the power conferred under Article-142 of the constitution of India. We can also see the intent of legislators after the 71st and 217th report from the law commission of India supporting irretrievable breakdown as a ground for divorce. So, The Marriage Laws (Amendment) Bill, 2010 proposes to make the following amendments:(a) To insert section 13C in the Hindu Marriage Act, 1955 and section 28A in the Special Marriage Act, 1954 to provide for divorce on the ground of irretrievable breakdown of marriage. (b) To insert section 13D in the Hindu Marriage Act, 1955 and section 28B in the Special Marriage Act, 1954 to provide for a right to wife to oppose the petition for divorce on account of irretrievable breakdown of marriage on the grounds of grave financial hardship.
(c) To insert section 13E in the Hindu Marriage Act, 1955 and section 28C in the Special Marriage Act, 1954 to ensure provision of adequate maintenance to children born out of the marriage consistently with the financial capacity of such parties. Apart from this, In case of no fault theory of divorce, it is not necessary to prove which party is at fault. There may be many reasons based on which sweetness of matrimonial relationship is at risk. If the parties prove with reliable evidence on record that their marriage is beyond all possible repairs then law should understand the reality of the facts and should help the parties to the marriage which has broken down irretrievably.1 Therefore, once this bill will become Act, all those suggested changes will pave the way in Hindu Marriage Act and in the provision of Special Marriage Act supporting Irretrievable Breakdown of Marriage as permanent ground for seeking divorce. Hence, it is clear note after this paper that law of divorce under scrutiny in all the legal systems of the world. Divorce laws has been reformed in such a way that the married couples who desired to divorce have less legal troubles and get quick legal remedy. Therefore, it is evident that the judiciary has taken a serious note of irretrievable breakdown of marriage as an independent ground of divorce and has been serving the needy but only in the limited number of cases as it is not possible for all litigants spouses to afford to reach up to the Supreme Court. On the other hand the legislatures are slipping without taking the care of the need of the our of those people whom they are representing. So, It is high time that the Government should recognize the need of the hour and save many couples from disgrace and humiliation by introducing irretrievable breakdown of marriage as a separate ground of divorce in Section 13 of the Hindu Marriage Act 1955 and Under section 24 of the Special Marriage Act.
Vijender Kumar, Irretrievable Breakdown of Marriage : Right of a Married Couple, NALSAR Law Review, Vol-5, 2010, p 36.

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CONCLUSION This paper is an attempt to critically examine the Irretrievable Breakdown of Marriage Bill, 2010.

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