'Irretrievable breakdown' of marriage no ground for divorce

New Delhi: Irretrievable breakdown of marriage is no ground for divorce for those married under the Hindu Marriage Act because the law does not recognise it, the Supreme Court has ruled.

Dismissing a Hindu husband's plea for divorce, a bench of justices stated that the Hindu Marriage Act, 1955, did not recognise "irretrievable breakdown" as ground for the dissolution of marriage.

The bench said no court, including the apex court, was empowered to issue a decree for divorce on the ground of "irretrievable breakdown" of marriage as it would amount to amending the Hindu Marriage Act by judicial verdict and adding "irretrievable breakdown" of marriage as a new ground for divorce.

A law can be amended only by legislature and not by judicial verdict, the bench said in its ruling that was pronounced on February 27 but released on Tuesday.