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BlogJuly 27, 2024
Divorce Cases in India Here are some key points related to divorce cases in India
: – Theories of Divorce: There are three main theories of divorce in India, including the Guilt Theory, Consent Theory and Irretrievable Breakdown of Marriage Theory. – Guilt Theory: This theory implies a guilty party, which means the commission of a matrimonial offense by the respondent. Matrimonial offenses include adultery, cruelty and desertion. – Consent Theory: This theory is based on the idea that since the parties are free to enter into marriage, they should also be free to dissolve it. Both parties have to make joint petitions to the court for a decree of divorce to pass between them. – Irretrievable Breakdown of Marriage Theory: This theory defines breakdown of marriage as a failure in the matrimonial alliance that there is not a single chance left for the revival and there is no rationality for the spouses to live together. – Grounds of Divorce: The grounds of divorce in India include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind and more. – Legislative Framework: The legislative framework for divorce in India includes the Hindu Marriage Act, 1955, the Dissolution of Muslim Marriage Act, 1939, the Indian Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936 and the Special Marriage Act, 1954.
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