Between Dharma and Divorce: Redefining Hindu Marriage in the Era of Irretrievable Breakdown
- NLR Journal
- Nov 27
- 1 min read
By Ana Sisodia, Ph.D. Research Scholar, Sardar Patel Subharti Institute of Law, Swami Vivekanand Subharti University.
Abstract
The paper critically analyses how Hindu marriage has changed from being a holy and unbreakable bond to a vibrant social institution influenced by equality, compassion, and autonomy. It illustrates how socioeconomic advancement and shifting gender dynamics have changed marital partnerships in India by tracing this transformation via historical, legal, and constitutional changes. The idea of irretrievable breakdown of marriage, which acknowledges that forced ongoing cohabitation serves neither justice nor dignity when trust, companionship, and mutual respect disintegrate beyond repair, is at the centre of the debate. The Article further goes on examining Law Commission reports supporting legislative codification of this doctrine, along with judicial interpretations. In order to bring Indian law into compliance with international norms and the fundamental principles of liberty, equality, and dignity, it makes the case for the Hindu Marriage Act, 1955's official recognition of irretrievable breakdown. In the end, the article envisions a gender justice perspective and compassionate marital jurisprudence that balances dharma with contemporary notions of individual autonomy and compassion.
Keywords: Dharma, Hindu Marriage, Irretrievable Breakdown, Gender Justice, Constitutional Values.
