No Fault Theory of Divorce:
Prior to 1976 Divorce only on the basis of fault theory it means marriage can be dissolved only when either party to the marriage had committed a matrimonial offence. But now Divorce can also be obtained on the basis of no fault theory, it means divorce can obtain by the mutual consent of the parties to marriage under the marriage laws (Amendment) Act, 1976. According to section 13-B (1), this sort of petition is needed to be moved jointly through the parties to marriage on the floor that they've been dwelling separately for a length of three hundred and sixty five days or more and they have not been to live together and also that they have got agreed that marriage should be dissolved.
As per section 13-B (II) of the Act lays down that on the motion of both the parties made no earlier than six months after the date of the presentation of the petition referred to in sub-section (I) given above and not later than eighteen months after the said date, if the petition is not withdrawn within the intervening time, the court shall on being glad, after listening to the events and after making such inquiry…show more content… Gollins , the husband’s failure to absorb a job, his incapability to hold his wife and his dependence on his spouse to repay his urgent money owed became held to be a conduct amounting to cruelty. In Williams v. Williams , husband’s persistent accusations of adultery against the wife were considered amounting to cruelty, despite the fact that the husband was found to be insane. In Masarati v. Masarati , the Court of Appeal held that “today we're possibly faced with a new scenario as regards the burden to be attached to 1 unique issue that is the breakdown of marriage”. In the Mortimer Committee’s report the breakdown of marriage is defined as: “such failure in the matrimonial relationship or such circumstances adverse to that relation that no reasonable probability remains for the spouses again living together as husband and wife