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Query About Irretrievable Breakdown Of Marriage


14-Mar-2026 (In Divorce Law)
My Daughter Separated More Than 10 Year Wanted Divorce On Ground of irretrievable breakdown of marriage. can she get it and how?
Answers (5)

Answer #1
882 votes
Hi there, yes she can get the divorce through normal procedure from a family court on the ground of separation. She also has an option of quick divorce based on the irretrievable breakdown of marriage through the Supreme Court as the separation is of more than 6 years. If you have any questions feel free to contact me.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRato Delhi | 200+ Answers
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Answer #2
852 votes
Yes, your daughter can seek divorce, but “irretrievable breakdown of marriage” is not yet an independent statutory ground for divorce under the Hindu Marriage Act, 1955. However, the courts have recognized that when spouses have been living separately for a very long period and there is no possibility of reconciliation, it may amount to mental cruelty or show complete breakdown of the marriage.
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Advocate Vishali Verma

Adv. Vishali Verma

LawRatoDelhi | 25+ Answers
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Answer #3
507 votes
Since the parties have been living separately for more than 10 years, there is a strong basis to seek divorce. The Court may grant divorce if it finds that the marriage has completely broken down and there is no possibility of the husband and wife living together again.
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Advocate Nikhil Karwal

Adv. Nikhil Karwal

LawRatoDelhi | 25+ Answers
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Answer #4
706 votes
Yes she can get the same by filing a Petition under Article 142(1) before the Hon'ble Supreme Court. The Petition can be filed and once the Petition is decided the Divorce may or may not be granted depending on the facts and circumstances of the case.
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Advocate Shambhavi Sharma

Adv. Shambhavi Sharma

LawRatoDelhi | 50+ Answers
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Answer #5
920 votes
Irretrievable breakdown of marriage is not a ground for divorce. However, if both husband and wife file for divorce with mutual consent the court can grant a divorce based on irretrievable breakdown of marriage. should you have any queries please feel free to contact me.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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