Supreme Court Introduces Irretrievable Breakdown of Marriage as Ground for Divorce

The Supreme Court of India has introduced a new ground for divorce known as irretrievable breakdown (IBM) of marriage. This change allows either spouse to seek a decree without having to prove fault on the part of the other, making it easier for couples to end their marriages when they have reached an impasse.

The concept of IBM was first considered by the Law Commission in 1974 and again in 1978. The Law Commission recommended that the law be amended to provide for it as an additional ground for divorce. However, this recommendation was not implemented until recently.

In 2023, the Supreme Court used its power under Article 142 of the Constitution to answer two questions: whether it could dispense with the waiting period in mutual consent cases and whether it could permit unilateral no-fault divorce or IBM. The court answered both questions in the affirmative, recognizing that the mandatory waiting period often prolongs the misery of the couple.

The introduction of IBM as a ground for divorce is seen as a significant step towards making divorce more accessible to couples who are unable to reconcile their differences. However, there are concerns that this change could put women at a disadvantage, particularly if they do not have access to resources or support to navigate the divorce process.