Advocate Indira Jaising submits in Supreme Court on irretrievably break down of marriage : Right…

Advocate Indira Jaising submits in Supreme Court on irretrievably break down of marriage : Right to Enter & Exit a marriage is a fundamental right

"Right to marry is a fundamental right because it is a part of the right to form affiliations. It can be extended to the right to exit the affiliation. Unreasonable restrictions can be a ground to call into question a law", she argued.

Advocate argued that the right to the right to exit the union is an extension to right to enter a marriage and would be covered under the right to form associations under Article 19(1)(c) read with the Right to Life and Liberty under Article 21 of the Constitution.

" that the right to enter a marriage and exit one are fundamental rights. There are systems of law where people can get unilateral divorces. Here, there is an intermediary, that is, the court. So we have to figure out the role of the court."

Clarifying her objective, she said she is set to first distill the essential components of an ideal marriage, and then determine how to dissolve a marriage that lacked those fundamental elements. Her primary objective in the matter, she stated is to maximise the welfare of the stakeholders, particularly the women and the children.