Social bearing of laws and their implementation with reference to irretrievable breakdown of marriage: A comparative study of laws in India and Asian countries

Abstract

This research study explores the scope of introducing ‘irretrievable breakdown’ as a ground for divorce. Many developed countries have successfully introduced this ground and even removed the time limit with the passage of time for seeking a unilateral divorce. Some societies insist that if this ground is introduced, the number of divorces will increase, but it is not so. In India, a more than 10-years separation may be adopted as grounds for divorce to resolve this concern. This time period may be decreased if neither spouse has a child. The court can decide whether the marriage is ended. This is a comparative study of the laws on marriage in India and other Asian countries and their social effects. In this study, the researchers found that marriage was indissoluble in many countries a few decades ago and is now dissoluble. This paper discusses the concept of divorce and how it came into India with changes in social structure. The paper discusses the introduction of irretrievable breakdown as a ground for divorce in India. It explains the current situation of Asian countries with historical background to support the claim of this ground. Overburdened courts are not expected to look into the personal matter of the parties to the marriage. If parties to the marriage can live happily, they should choose to live peacefully, or amicable solutions can be found with their peer groups. If there is a deadlock, the parties to the marriage must restart their lives. There are certain precautions to remove the possibility of misuse of new grounds of divorce, e.g. ensuring a child's future, declaring the marriage dead by the court and not by the estranged spouses. Media can also play an essential role in saving marriages.