When the couple decides that they cannot continue living as married partners, this situation is called separation or breakdown of the marriage. The partners may or may not live under the same roof, but they do not live as husband and wife. There are no separate rules for this issue in the divorce law.

It is a matter of the court’s discretion whether the separation can form the ground for divorce. If the court is of the view that there is no possibility that the couple can reunite, or if both or any of the spouses are unwilling to live with each other, it can allow them to proceed with the divorce.

The Supreme Court observed that the marriage between the parties was irretrievably broken down and that there was no possibility to repair the bond of the marriage. The apex court, therefore, ordered that the couple can divorce on the ground of the irretrievable breakdown of the marriage.