Comparison Of Ancient And Modern Hindu Jurisprudence Over Divorce Rights




Arjim Jain, National Law University, Odisha


ABSTRACT


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

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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