Indian Supreme Court to grant divorce on ‘irretrievable breakdown’ of marriage under Article 32

The Supreme Court of India in New Delhi has ruled that it can grant divorce on the basis of ‘irretrievable breakdown’ of a marriage by invoking its special powers under Article 32 of the Indian Constitution. This article deals with ‘remedies for enforcement of rights.’

On Monday, a constitution bench of the Supreme Court, which assesses cases involving substantial questions of law regarding the interpretation of the Constitution, gave the landmark judgment. The bench comprised Justices SK Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari.

The bench concluded that exercising such power ‘will not contravene the principles of public policy.’ Additionally, the Supreme Court held that it reserves the right to waive the current six-month waiting period that allows couples seeking divorce by mutual consent to approach the court.

This ruling follows a previous decision by a two-judge Supreme Court bench in New Delhi that irretrievable breakdown of a marriage can be read as amounting to cruelty under the Hindu Marriage Act, 1955, which can serve as a ground for divorce. The court held that ‘a marriage, which has broken down irretrievably, in our opinion, spells cruelty to both the parties, as in such a relationship, each party is treating the other with cruelty. It is therefore a ground for dissolution of marriage under Section 13 (1) (a) of the Act.’

The Supreme Court clarified that although irretrievable breakdown of a marriage may not be a ground for dissolution of marriage under the Hindu Marriage Act, cruelty is. The court further noted that ‘a marital relationship, which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides. To keep the façade of this broken marriage alive would be doing injustice to both the parties,’ in its April 27 ruling.

India has the lowest divorce rate globally, estimated to be around 1.1 per cent. The recent ruling by the Supreme Court of India is considered to be a significant legal development in the country.