MARITAL DISSOLUTION UNDER HINDU LAW: A OMPREHENSIVE ANALYSIS OF DIVORCE PROCEEDINGS AND LEGAL IMPLICATIONS

AUTHORS– PRIYA AGGARWAL & YASH KUMAR GUPTA, STUDENTS AT HIMGIRI ZEE UNIVERSITY, DEHRADUN

Best Citation – PRIYA AGGARWAL & YASH KUMAR GUPTA, MARITAL DISSOLUTION UNDER HINDU LAW: A OMPREHENSIVE ANALYSIS OF DIVORCE PROCEEDINGS AND LEGAL IMPLICATIONS, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 219-228, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In Hinduism, marriage is an obligatory samskara, every Hindu must marry. According to Manu, the relation of husband and wife is of seven births, this sacred tie cannot be broken.  Before 1955, there was no existence of divorce but with the advancement in socio-economic conditions, divorce was introduced under Hindu Marriage Act, 1955. This paper analysis the various grounds of divorce under Hindu law wherein either spouse can obtain decree of divorce and the major amendments that takes place under law. It briefly elucidates the grounds that are only at the hand of the wife on which she can seek divorce. It specifies the conditions wherein both the parties can be agreed for mutual divorce. Apart from this, the paper also highlights, the provisions of Irretrievable Breakdown of Marriageare available to both the parties. The paper also discusses when the divorcee can remarry. The utmost objective of the paper to legally analysis the various ways of obtaining a divorce when one spouse cannot live with other spouse and how did Hindus adopt this theory of divorce when it was in their religion?

Keywords: Marriage, Hindu law, Divorce, India