When both the spouses are unable to coexist, or are not willing to coexist, in a matrimonial relationship, then an Irretrievable Breakdown of Marriage has been said to happen.
The Hindu Marriage Act 1956 does not have “Irretrievable Breakdown of Marriage” as a ground for Divorce under Section 13 of the 1956 Act. Although, it exists as a ground as per the common law in India.
71st Report of Law Commission of India gives a comprehensive analysis of the concept. The report provides the extent and conditions under which Irretrievable Breakdown of Marriage can be included as a ground for Divorce.
But, it was only in the case of Navin Kohli vs. Neelu Kohli that the Supreme Court held that when a marriage is wrecked beyond the hope of salvage, public interest and interest of all concerned lies in the recognition of the fact and to declare defunct de jure what is already defunct de facto, not to grant a decree of divorce would be disastrous for both the parties. Further, the Court vehemently recommended for the case of inclusion of Irretrievable Breakdown of Marriage as a ground for divorce under Section 13 of the 1956 Act.
In another case of Sanghmitra Ghose vs. Kajal Kumar Ghose, the Supreme Court granted divorce under the exercise of powers under article 142 of the Constitution of India. In this case, the Supreme Court held that the irretrievable breakdown of marriage has occurred due to incompatibility of temperament and disappearance of Emotional Substratum coupled with long separation of the parties.
Thus, in substance, it can be said that in case the parties to a marriage are not able to live together and all efforts to resolve the differences between the parties through mediation and reconciliation failed, and there is no emotional attachment between the spouses. Further, the spouses are living independently without any dependence upon each other for long and there is no possibility of cementing of marital relationship, then it will be covered under the definition of Irretrievable Breakdown of Marriage and the parties to the marriage can file Divorce Petition on this ground alone.