Divorce Under Hindu Law

Shilpa, Amritsar Law College

Introduction

Divorce means the cessation of marriage by a expert court. In ancient period marriage is sacramental in nature so the concept of divorce is unknown but in Hindu law divorce is explained as per the change in society. so this paper discusses the concept of divorce under Hindu law. It studies the different theories of divorce- fault, mutual consent, breakdown; and also describes the grounds for divorce under this Act, with focuson adultery and cruelty, and how these grounds were modified through amendments. Itbriefly dwells on the grounds that are only available to a wife. The paper addresses the pros and cons of the addition of irretrievable breakdown as a ground fordivorce amidst the growing debate about its merits. Marriage is a beautiful union that combines the sacred and the practical. Its embodies the essence of a contract through the mutual agreement and commitment to live together, while also carrying a deeper spiritual significance. A strong and fulfilling marriage is born out of a foundation of acceptance, respect, and understanding, it thrives when both parties are willing to adjustment and embrace tolerance. When both individual are truly ready to embark on this journey together, the potential for lifelong happiness and fulfillment in their relationship is end.

In order to protect sanctity of marriage and prevent the waste precious year of couple’s lives, It is necessary to address any issue in the relationship from the very beginning. Although the Hindu tradition view marriage as a lifelong commitment, once created this sacred tie cannot be untied. Hindus considered the separation of spouses as an act that break's God's law. it is essential to acknowledge the provision for divorce introduced by the Hindu marriage act, 1955.

It outline the various grounds for divorce such as Adultery, Cruelty, Desertion and marrying and underage person. While divorce was not initially recognized, this act allows for the dissolution of a marriage in certain circumstances.