Irretrievable Breakdown of Marriage in India: Legal Challenges, Judicial Reforms, and Societal Perspectives

18 May 2025, Version 1
This content is an early or alternative research output and has not been peer-reviewed by Cambridge University Press at the time of posting.

Abstract

This paper attempts to bring out the many facets of the doctrine of "Irretrievable Breakdown of Marriage" under Indian law. The same paper was filed under the heading "The Effect of Judicial Delays on Divorce Cases Under Irretrievable Breakdown of Marriage in India," as cases get dragged on and on because of judicial delays and procedural inefficiencies, thereby causing further emotional and monetary loss to the divorcees. These problems are considered for judicial reforms that would see to the expedited handling of such cases and the timely relief to the aggrieved persons. In "Irretrievable Breakdown of Marriage and Its Cooperative Challenges in India," the study looks into societal and cultural pressures that tend to discourage couples from divorcing, even though the doctrine provides for their divorce. The study suggests resolving these problems through mediation and counselling, thereby mediating between legal remedies and social realities. It goes on to tease out "Cross-Border Divorce Challenges under Irretrievable Breakdown of Marriage in India" and dealing with the difficulties facing Indian nationals in international marriages being legal jurisdiction disputes, enforcement of judgments, etc. This section serves as the impetus for harmonized international laws to adequately address these challenges. The research paper assesses how Indian legal frameworks handle divorce cases while examining how the doctrine of Irretrievable Breakdown of Marriage has transformed since its introduction in India. The research suggests two main recommendations which focus on simplifying legal proceedings and increasing public support for using divorce to end unhappy marriages.

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