Irretrievable breakdown of marriage as a ground for personal separation

Abstract

Irretrievable breakdown of marriage as a ground for personal separation is by no means an alien concept. Even before its legal implementation, the need for such a ground had long been felt for, even as far back as 1967. Indeed, by introducing this ground, I feel that the legislator has taken a very wise step. This is primarily due to the fact that marriage being a unique institution, involves a most particular relationship between a male and a female. According to Drusilla Beyfus: "The marital tie remains the most personal, volatile and unclassifiable of human bonds." Secondly, due to its inherent fragile and sensitive nature, it was of utmost importance and of great necessity to incorporate into the law a legally valid reason for personal separation which, in spite of not limiting itself to any specific ground already contemplated by law4, nevertheless constitutes per se, a valid enough cause for personal separation. When a marriage gets to the point where there is a complete lack of ability of husband and wife to continue to meet each other's basic needs as human beings, with each party pulling in the opposite direction and negative results automatically ensuing, such as unhappiness, resentment, frustration and arguments, hence, the irretrievability of the breakdown of the marriage, it would indeed prove futile and moreover counter productive to try to maintain the marital relationship, which has indeed, no hope of survival.