It is law

Judicial opinions :

The judiciary was also reluctant to grant divorce solely on the grounds of irretrievable breakdown of marriage.

  In Y. Narsimha Rao v. Y. Venkata Lakshmi ( 1991) 3 SCC 452. )the Supreme Court of India clearly stated that irretrievable breakdown of marriage is not a ground of divorce under the Hindu Marriage Act, 1955. This viewpoint was reiterated in the case of V. Bhagat v. D.Bhagat( AIR 1994 SC 710.)where court stated that irretrievable breakdown of marriage is not a ground by itself.

But then the Supreme Court has adopted a literal view and granted divorce under irretrievable breakdown of marriage.     In Ashok Hurra v. Rupa Bipin Zaveri, (AIR 1997 SC 1266)the husband and wife filed a suit for divorce by mutual consent. But, subsequently wife withdrew her consent. So the petition was dismissed by trial court. The Supreme Court held that We are of the view that cumulative effect of various aspects involved in the case indisputably point out that marriage is dead both emotionally and practically, and there is no chance at all of the same being revived and continuation of such relationship is only for name-sake.(AIR 1997 p. 1267.)The Honble Court used Article 142 and granted divorce.

  The Delhi High Court in its full judge bench decision in Ram Kali v. Gopal Das( 1971 I.L.R. 1 Delhi 10.)took note of modern trend not to insist on maintenance of an union which was broken and said, it would be practical and realist approach, indeed it would be unreasonable and unhumane, to compel the marriage to keep up the façade of marriage even though the rift between them is complete and there are no prospects of their living together as husband and wife.

In the case of Savitri Pandey v. Prem Chandra Pandey,( AIR 2002 SC 591.)the Supreme Court reiterated the need for the inclusion of irretrievable breakdown of marriage as a ground for divorce.

The Supreme Court in Manjula v. K.R. Mahesh[JT 2006 (7) SC 220.)held, the marriage has irretrievably broken down and there would be no point in making an effort to bring about conciliation between the parties.

In Neetu Kohli v. Naveen Kohli,( AIR 2006 SC 1675.)husband alleged that the wife was quarrelsome and was found in compromising situation with one Biswas Rout. The wife counter alleged that husband had a concubine. This established that the marriage had broken down irreparably and hence granted divorce on grounds of an irretrievable breakdown. It also observed that it was high time that this be included as ground for divorce in the Hindu Marriage Act, 1955.

Thanks to Shree and Pankaj

Thankx to all.  Mr. Pathak can this Report of Law Commission annexed be used as a Law; Of late there was a judgement of SC, if remember correctly in Feb or so, 'irretrievable broke down' is no ground under Law, while there have been so many jusgements of sC on the same plea.  How to convince that it is acceptable ground to accede to the prayer of the applicant when there is definite break down.  And can be used as a Statute of Law to plead.