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Comparison Of Ancient And Modern Hindu Jurisprudence Over Divorce Rights

Arjim Jain, National Law University, Odisha


Marriage dissolution has long been regarded as going against the will of God. Ancient Hindu law does not permit divorce because religious sanctions had heightened the nature and value of the institutional marriage, and it is considered as a sacred act or a holy samskara, or set of purifying ceremonies that every Hindu must perform. Up to day most of the Hindu villages that follow ancient customs still consider divorce sin. Many ancient sages have presented grounds for dissolution of marriage, which is addressed in this work. Whether or not women in ancient India had the same rights as males when it came to divorce is being discussed in this paper. In addition, the report emphasises whether there are any common grounds for divorce in both ancient and modern Hindu jurisprudence. It also takes into view whether or not the various Smriti karas' justifications of giving grounds are reasonable. The paper also compares and contrast the ancient and modern Hindu divorce grounds.

Keywords: Marriage, Ancient Law, Hindu Law, Divorce, Modern Grounds, Comparison.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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