Question

short notes on fault theory of divorce?

Answer 1

ivorce means dissolution of marriage by a competent court. This paper discusses divorce under Hindu Law. It analyses how the concept was non-existent under ancient law due to the sacramental nature of marriage, but was introduced under the Hindu Marriage Act, 1955. It studies the different theories of divorce- fault, mutual consent, breakdown; and also describes the grounds for divorce under this Act, with focus on adultery and cruelty, and how these grounds were modified through amendments. It briefly dwells on the grounds that are only available to a wife. The paper addresses the pros and cons of addition of irretrievable breakdown as a ground for divorce amidst growing debate about its merits.”