Abstract:

The issue of divorce, however, is complex. Among Hindus, marriage is seen as a rite of passage into adulthood as well as a contractual agreement between two individuals. Although Hindu reformers were occasionally lobbying for modifications in the provision of Hindu Law, the British authorities frowned upon such efforts. Eight years after India's independence, in 1955, the Hindu Marriage Act was enacted. The grounds for which the parties may petition a court with jurisdiction to issue a decree of divorce are laid out in Section 13 of the Hindu Marriage Act. As defined by the law, a "divorce" occurs when two people of different sexes who nevertheless care for one other's dignity and respect live apart. The parties can seek recovery of conjugal rights, judicial separation, or divorce under Hindu marital law. Due to the presence of certain of the technical flaws in the previous theories of divorce, the Indian judiciary is now requiring irretrievable collapse of marriage as a unique reason for divorce.

Description:

Judicial Approach, Irretrievable Breakdown, Marriage, Hindu reformers, conjugal rights