New Delhi: Irretrievable breakdown of
marriage should be brought within the folds of law as a
ground for divorce with safeguards and message that it
(divorce) is not a "cakewalk", the Delhi High Court has said.
The High Court said the legislatures in their wisdom
can amend the Hindu Marriage Act to bring in its fold the
irretrievable breakdown of marriage as a ground for divorce as
recommended by the Law Commission.
However, it is expected that watertight safeguards are
introduced so as not to send the message that divorce has now
became a cakewalk, the court said.
"The ground of irretrievable breakdown of marriage
cannot be resorted as a straight jacket formula leading to the
institution of marriage becoming so fragile that the wrong-
doer abuses it for his selfish ends leaving the other party in
the lurch," Justice Kailash Gambhir said in a recent
Suggesting that there should be a minimum period before
such ground can be invoked, the judge said "divorce on the
ground of irretrievable breakdown of marriage might be
contrary to common perception and the idea of marriage being a
holy union for seven births...".
The court said that while invoking the ground of
irretrievable breakdown of marriage for divorce by the
husband, "the grant of divorce should be subject to the
provision of adequate financial provision for wife".
It said there should be adequate provision for
maintenance, education and upbringing of children whose
custody should be decided at the very stage of divorce.