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Sociological Theories Of Divorce

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According to the general definition, divorce refers to a process of legally dissolving a marriage. The concept of divorce did not exist under Hindu law as the marriage is considered to be a sacred relationship. However, the concept of Divorce was introduced when a law to this effect was codified and presently section 13 of the Hindu Marriage Act provides for dissolution of marriage.
Mozley and Whitley define divorce, in their 1967 law book:
"Divorce (is) the termination of a marriage otherwise than by death or annulment ."
As Justice Gray of the Supreme Court of the United States of America wrote in Atherton case:
"The purpose and effect of a decree of divorce from the bond of matrimony, by a court of competent jurisdiction, are to change the existing status or domestic relation of husband and wife, and to free them both from the bond. The marriage tie, when thus severed as to one party, ceases to bind either. A husband without a wife, or a wife without a husband, is unknown to the law ."
Theories of divorce: -
a) Fault theory: - under this theory marriage can be dissolved only when one of the parties to the marriage has committed a matrimonial offence. In this theory it is necessary to have one innocent party and one guilty party. If both the parties are guilty, then no remedy available …show more content…
The Hindu Marriage Act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in Section 13(1) on which either the husband or wife could sue for divorce, and two fault grounds in section 13(2) on which wife alone could seek divorce. In 1964, by an amendment, certain clauses of Section 13(1) were amended in the form of Section 13(1A), thus recognizing two grounds of breakdown of marriage. The 1976 amendment Act inserted two additional fault grounds of divorce for wife & a new section 13B for divorce by mutual

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