The article argues that Indian divorce law places excessive emphasis on preserving marriage, even when the relationship has irretrievably collapsed, thereby causing prolonged emotional suffering. It highlights how procedural delays—such as long waiting periods, repeated adjournments, and mandatory cooling-off phases—trap individuals in legally binding but emotionally dead marriages, effectively suspending their personal lives. The piece contends that such delay itself constitutes mental cruelty, echoing judicial observations that cruelty is not limited to physical harm but includes circumstances that make cohabitation impossible.

Grounding its argument in constitutional principles, the article links the right to a timely divorce with Article 21, emphasizing dignity, autonomy, and mental well-being as essential aspects of personal liberty. Forcing individuals to remain in broken marriages undermines decisional autonomy and violates the right to live with dignity.

The author also notes the Supreme Court’s gradual shift toward realism, including its use of Article 142 to dissolve marriages where irretrievable breakdown is evident, despite the absence of a statutory provision. Additionally, the article stresses that delays disproportionately burden women due to social stigma and economic dependency. Ultimately, it calls for legislative reform to recognize irretrievable breakdown as a formal ground for divorce and to prioritise dignified exit over endurance, humanising matrimonial law..

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