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Should Apostasy and Conversion be Grounds for Terminating Marriages?

By Aparna Chandra

Published In

Air 2005

Marriages, as we have known it so far are social institutions that form the bedrock of society. This is one of the reasons why they receive protection from the State and society. The concept of divorce arises from the fact that marriage is recognized as a civil contract at a certain level. However, because of its importance to socity, it is designated a special place. Therefore, though as a contract, it becomes a dissoluble union, as a special contract, the dissolution is fettered by many checks. There are generally three accepted theories of divorce1. The first is the offence or guilt theory of divorce, according to which the marriage can be dissolved if one of the parties to the marriage has committed a matrimonial offence. The offence must be one that is recognized as a ground for divorce. Only the innocent party can sue for divorce under this theory. The second theory of divorce is the consent theory, which implies that the p ....

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