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Irretrievable breakdown of marriage refers to a situation where either one or both spouses are unable to live together anymore without anyone being at fault. It is not yet a ground for divorce under HIndu law in order to protect the institution of marriage. However, some courts have accepted it as a ground for divorce.
You can only file a divorce case if you have a reason recognized by Hindu law. These reasons can vary from ill-treatment by your spouse to your spouse suffering from a mental disorder.
In India, the law provides for specific reasons under which you can file for a divorce.
Ill-Treatment
- When your spouse has been cruel towards you.
- When your spouse has had sexual intercourse with another person.
- When your spouse has left you.
Illness
- When your spouse is suffering from a venereal disease that can be spread to you.
- When your spouse has a mental disorder.
Absence of Spouse
- When your spouse has withdrawn from you.
- When your spouse has been presumed to be dead for 7 years or more.
- When your spouse has renounced the world by entering any religious order.
- When you and your spouse have not gotten back together for more than a year, even after a decree for judicial separation was passed by the Court.
- Even after the Court has passed an order asking you or your spouse to resume your marital obligations, it hasn’t been done for over one year.
Conversion
- When your spouse has converted to another religion.
