The Hindu Marriage Act, 1955 provides various grounds for dissolution of marriage by decree of Court. Cruelty, desertion, adultery, unsoundness of mind, conversion to other religion, renunciation of world, virulent and incurable form of leprosy, venereal disease in a communicable form and not heard of being alive for a period of seven years or more are the grounds for divorce provided under Section 13 of the Act. Similar grounds for divorce have been provided under Section 27 of the Special Marriage Act, 1954. Both the acts also contain a provision for grant of divorce on the ground of mutual consent. The irretrievable breakdown of marriage is not a ground for divorce under both the Acts.
Pursuant to the recommendations of the 71st Report f the Law Commission of India and the recommendations of the Supreme Court and demand from various sectors, the bill for amendment of the marriage laws was drafted. The Union Cabinet on March 23, 2012 approved various proposals seeking amendments in the Hindu Marriage Act of 1955 and Special Marriage Act of 1954 aimed at providing ‘irretrievable breakdown of marriage’ as a new ground for parting ways.