Incompatibility as a Ground for Divorce: An Aspiration or Reality

It is said that marriages are made in heaven, but in reality, it requires two human beings to build it together. Alas, there is no heavenly hand to save or construct the same, but it boils down to two mortals. The historical reasons for making marriage an infallible institution has undergone a sea change since post-independence. The growth of strong individualism, gender equality and woman empowerment make it now necessary to revisit the grounds on which separation can be awarded. The law, in its inception, tried to control the institution with almost restrictive choices to the individual spouses, but the concept of Incompatibility now would empower a mature spouse to take a decision of his or her choice when it becomes ‘incompatible’. What is incompatible can easily be enshrined by law or recognized by judicial principles so that one spouse does not exploit this freedom.