Divorce And Divorce Analysis

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It is important to observe the distinction between ‘Judicial Separation’ and ‘Divorce’. The former is the last resort before the actual act of legal termination of marriage, i.e., divorce. Unlike divorce, wherein the parties no longer have any marital ties attached to each other, under the decree of judicial separation, the marital status of both the parties is not affected, however, there is an impact on cohabitation i.e., the party who approached the court after the pronouncement of the decree of judicial separation, is not obliged to live with his/her spouse. A divorce decree establishes the new relations between the parties which is inclusive of their duties and obligations that they own, support responsibilities of either or both of them…show more content…
This theory is documented by the Mohammedan law by way of ‘Mubarat’ which literally means ‘obtaining release from each other’. It is said to take place when the husband and wife, with mutual consent and desire obtain release and freedom from their married status. Both the indissolubility of marriage theory as well as the will theory are placed at two opposite extremes. In the first case, marriage has been made despotically a prison wherein a spouse is compelled to bear the yoke of torturous relationship. This should not be the case because marriage is for making a loving home, not a rigorous imprisonment, and there should be an escape from strained relation. While in the second theory, either party to the marriage may dissolve it arbitrarily. The other theories of divorce are as…show more content…
Undeniable those to live together will only give birth to matrimonial delinquencies. In addition to saving the parties from moral dilapidation, in this procedure, no allegations or counter allegations are leveled against each other. Divorce by ‘mutual consent’ means that both the parties make a joint petition to the court for the decree of divorce as there seems to be a genuine desire on both their parts to get rid of each other. Whenever divorce by mutual consent is allowed, it is provided as a pre-condition for submitting the petition to the court that the parties to marriage must have lived independently for a considerable period (a year or two). Section 13-B of the Hindu Marriage Act provides for divorce by mutual consent.  Breakdown Theory of Divorce: The root cause of most social problems can be traced to maladjusted couples. Many marriages fail not because of the wickedness of one party or the other, but they just fail. Sometimes marriages fail because of selfishness, boorishness, callousness, indifference and thinks like these on the part of one of the parties to the marriage. All this does not amount to any matrimonial offence yet remaining bound by marital ties becomes

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