Prerana V Acharya, B.A.L.L.B Hons, School of Law, Christ Deemed to be University, Bangalore, Karnataka
ABSTRACT
Divorce was an undefined concept earlier. According to Hindu law a husband and wife’s marriage was assumed to constitute an unbreakable bond. Manu who articulated that a mate can’t be conveyed by her significant other either by bargain or by abandoning, recommended that the intimate tie can’t be removed in any way. According to Kautilya's Arthashatra, a marriage may end due to the unlicensed marriage type by common consent. Manu on the other hand rarely goes through with divorce. “ Let common steadfastness proceed till death; this in a sense, may be viewed as the most high dharma,’’ it says. In this paper I will be focussing on the hypotheses of separation in Hindu regulation top to bottom and further examine the techniques wherein a spouse is qualified for guarantee separation according to law.
Keywords: Divorce, Hindu law, Institution of marriage, Fault theory, No Fault theory
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