Can incompatibility be the only reason for divorce? If so,how one shod go about it. If not how one can get?

Answer 1

How do you define incompatibility? The reason/grounds of divorce are clearly mentioned in all the matrimonial statutes relating to various forms of marriages in India. The provision of divorce by mutual consent itself is a ground for divorce which is in practice where both the spouses decide amongst themselves to bring an end to their marital relationship & move a joint petition in the family court & get a decree of divorce without mentioning any grounds for such breakage or divorce between them. The concept/provisions of conciliation do exist & court insist for it to try & make the spouses remain united in a matrimonial home but if that fails & the court is of the view that the marriage between them has broken down irretrievable the divorcee is granted. As such the ground of "Irretrievable Breakdown of Marriage" has not been mentioned in any of the matrimonial law in India but this ground has been used to grant divorce by the family courts on the basis of various judgments of the Supreme Court of India. It has been taken note that "Irretrievable breakdown of marriage is
Now considered, in the laws of a number of
countries, a good ground of dissolving the
marriage by granting a decree of divorce.
Based on this the Supreme Court of India has used its jurisdiction under Article 142 of the constitution of India in granting divorce in number of cases where there was irretrievable breakdown of marriage. The Supreme Court has held "The theoretical basis for introducing
irretrievable breakdown as a ground of divorce
is one with which, by now, lawyers and others?
have become familiar. Restricting the ground
of divorce to a particular offence or
matrimonial disability, it is urged, causes
injustice in those cases where the situation is
such that although none of the parties is at
fault, or the fault is of such a nature that the
parties to the marriage do not want to divulge
it, yet there has arisen a situation in which the
marriage cannot be worked. The marriage has
all the external appearances of marriage, but
none of the reality. As is often put pithily, the
marriage is merely a shell out of which the
substance is gone. In such circumstances, it is
stated, there is hardly any utility in
maintaining the marriage as a facade, when
the emotional and other bounds which are of
the essence of marriage has disappeared.
After the marriage has ceased to exist in
substance and in reality, there is no reason for
denying divorce. The parties alone can decide
whether their mutual relationship provides the
fulfillment which they seek. Divorce should be
seen as a solution and an escape route out of a
difficult situation. Such divorce is
unconcerned with the wrongs of the past, but
is concerned with bringing the parties and the
children to terms with the new situation and
developments by working out the most
satisfactory basis upon which they may
regulate their relationship in the changed
circumstances." Further it held
"Moreover, the essence of marriage is a
sharing of common life, a sharing of all the
happiness that life has to offer and all the
misery that has to be faced in life, an
experience of the joy that comes from enjoying,
in common, things of the matter and of the
spirit and from showering love and affection on
one's offspring. Living together is a symbol of
such sharing in all its aspects. Living apart is
a symbol indicating the negation of such
sharing. It is indicative of a disruption of the
essence of marriage --"breakdown"- and if it
continues for a fairly long period, it would
indicate destruction of the essence of marriage
"irretrievable breakdown"."
So based on this principle as laid down by the Supreme Court of India the family courts use it to grant divorce to in-conciliatory marriages. If the incompatibility between the couples amounts to irretrievable breakdown of such marriage then one can get divorce on such incompatibility

Answer 2

Incompatibility is just an excuse, the main reason is to extort money from you for the well being of her family. SO think well and plan accordingly before you take any step. Also chk www.saveindianfamily.org & www.498a.org

Answer 3

Some states have a no fault divorce where blame is not placed on either person. They just get divorced and move on.

Answer 4

yes it's called inrecconciliable differences. You find a divorce lawyer and tell them you want to file for divorce on these grounds. good luck!

Answer 5

no, if ur wife wants money then also she can take divorce from u

Answer 6

it has to be irreconsilible(sp) differences both on both parties

Answer 7

please refer www.siftimes.com