No Fault Theory: The Shift To No Fault Theory

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Shift to No Fault Theory:
With the changing time and the changing thoughts of the society, the fault theory has also shifted to no fault idea. Formerly, the provision was that after an order for the restitution of conjugal rights was obtained, the party who has committed wrong couldn't obtain divorce but only the victim could move to the court in order to obtain divorce order if the restitution was not executed. It was the amendment of 1976 which introduced the concept of irretrievable breakdown as it was recognised that making the right available only to either party to the marriage, when marriage is barely a form with any significance behind it. In the case of Dastane v. Dastane , the parties to the marriage were involved in the proceedings for over a period of ten years because the
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This example drew the point for the concept of irretrievable breakdown as inevitable.
In the case of Varalakshmi v. N.V Hanumanth Rao , the husband even after obtaining a decree for judicial separation did not allow the spouse to reestablish co-habitation. After completion of the period specified by the court, the husband filed a decree of divorce which led to the argument that the husband can't be granted divorce because that might result in his gain, obtained out of his personal fault. But as the co-habitation is to be through mutual agreement, the divorce was granted.

8. SCOPE OF THE CONCEPT
Concept of Divorce:
The concept of divorce is one that has turned out to be more and more relevant to today’s society. Prices of divorce have elevated so significantly over the past few decades that humans have come to fear the group of marriage. Reasons of divorce and how it has advanced during the last three
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