Irretrievable Breakdown of Marriage as a Ground of Divorce : A Socio-legal Study
By
Dr. Raj Kumar
Introduction
Marriage in India has been considered as a sacred institution having unending sanctity but in present it has lost its uniqueness. In modern times it is seen high rise in the marriage breakdowns due to their incompatibility of temper and attenuation of the social pressure on the parties to the marriage. In Hindu Law few grounds have been mentioned for divorce, which are of beyond provability. These include adultery, cruelty, desertion, conversion to another religion and unsoundness of mind based on fault theory.
Theories of Divorce
Two theories of divorce are prevalent in the society and first is fault theory and second is no fault theory. Most of the divorces are based on fault theory. A very important question has engaged the attention of lawyers, social scientists and men of affairs/related thereto, should the grant of divorce is to be based on the fault of the party, or it be based on the breakdown of th ....