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Understanding the Concept of Irretrievable Breakdown of Marriage

Rohan Yemul
Rohan Yemul
  • Apr 20, 2023
  • 9 min to read
Understanding the Concept of Irretrievable Breakdown of Marriage Yemul

Irretrievable breakdown of marriage is a term used for the legal dissolution of a marriage. It is a process of ending a marriage that has become irretrievably broken down and is no longer salvageable and reconciliation is not possible. In India, the concept of irretrievable breakdown of marriage was introduced through the Hindu Marriage Act, 1955, which provided the grounds for divorce. According to the Hindu Marriage Act, 1955, irretrievable breakdown of marriage can be divided into these grounds such as insanity, leprosy, conversion of the other spouse, renunciation of the world by the other spouse or absence of the other spouse for a long period. Adultery is a ground of irretrievable breakdown of marriage when one spouse proves that the other spouse has committed adultery. It is defined as voluntary sexual intercourse between a married person and someone other than his/her spouse. Adultery is one of the grounds for divorce in India, and if the court finds that the other partner has committed adultery, it can grant the divorce on the basis of irretrievable breakdown of marriage. Cruelty is another ground for irretrievable breakdown of marriage. Cruelty is any kind of physical or mental cruelty inflicted by one partner on the other. It can be either physical or mental cruelty. Physical cruelty includes physical abuse, like hitting or beating the spouse, while mental cruelty includes verbal abuse, insults, and humiliation. The court may grant divorce on the basis of irretrievable breakdown of marriage if it finds that the other partner has been cruel to the other. Apart from these two grounds, irretrievable breakdown of marriage can also be established on the grounds of desertion, which is when one spouse abandons the other without any reasonable cause. The court may grant divorce on the basis of irretrievable breakdown of marriage if it finds that the other partner has deserted the other without any reasonable cause. Apart from these grounds, irretrievable breakdown of marriage can also be established on the grounds of conversion, which is when one spouse converts to another religion without the consent of the other. The court may grant divorce on the basis of irretrievable breakdown of marriage if it finds that the other partner has converted to another religion without the consent of the other. Irretrievable breakdown of marriage is a legal process of ending a marriage that has become irretrievably broken down and is no longer salvageable and reconciliation is not possible. The grounds for irretrievable breakdown of marriage include adultery, cruelty, desertion, and conversion. The court may grant divorce on the basis of irretrievable breakdown of marriage if it finds that the other partner has committed any of these grounds. It is important to note that the court will consider all the facts and circumstances of the case before making its decision.

Rohan Yemul
Rohan Yemul

A well-known Mutual divorce lawyer in Mumbai, with Advocate Rohan Yemul, make the filing of your divorce case easy, as with his experience of many years in various courts let it be Bandara Family court or thane family court he has always made a remark in every of his case because only an experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. #Divorce lawyer #family lawyer #divorce lawyer in Mumbai

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February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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