Divorce Of The Hindu Marriage Act

3301 Words Nov 9th, 2014 14 Pages
The word which is antonym for marriage is divorce. Divorce is the event of legal separation of the husband and wife who now break the vows they took in the sacred wedding ceremony. In India, divorce is still a wide social taboo topic and the people who want divorce have to undergo many tests to separate from each other, since the divorce rate is relatively low in India.
All the religions and communities usually have their own laws for divorce. In India Hindus, Sikhs, Jains i.e. all belonging to Hinduism follow Hindu Marriage Act, 1955 as the authority for divorce.
Under the Hindu Marriage Act, 1955, both husband and wife has the right to dissolve their marriage by a decree of divorce. There are many grounds on which divorce is granted. Some reasons initially were replaced and were supplemented by new ones. And some new grounds were added through Marriage Laws (Amendment) Act, 1976.
Section 13 of the Hindu Marriage Act, 1955 today can e reads as follows:–

THEORIES OF DIVORCE
The Act gives recognition to three theories of Divorce. They are as follows:-
• The Fault Theory.
• Mutual Consent Theory.
• Irretrievable Breakdown Of Marriage Theory.

Under the theory of fault or breaches theory or the theory of guilt, marriage can be dissolved only when one of the parties to the marriage has committed a mistake or has breached the sacred vows of his marriage. There will be two parties in this scenario. One should be the party who has committed the fault, and the other should be the…
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