Divorce is the Termination of Marital Union

What is Divorce?

When a married couple chooses to formally dissolve their union, it is called a divorce. It entails formally reversing the obligations and promises they made upon marriage. The laws of the nation or state in which they reside control this procedure. The court has always worked to preserve the institution of marriage, due to which Section 14 of the Act stipulates that neither party to a marriage may file for divorce within a year after the marriage. The once-indestructible bond or relationship between a husband and wife has changed over time, reflecting shifting social norms and legal frameworks around marriage. Today, they can be separated through formal processes like divorce. Divorce used to be highly taboo, but these days it’s more common....

Theories of Divorce

The following are the theories of Divorce:...

1. Divorce is the Termination of Marital Union

It causes the husband and wife’s marriage bond to dissolve. After a divorce, the status of husband and wife ends. The idea of divorce has changed throughout time, giving rise to many views. Events that damage a marriage from the ground up include adultery (having sexual relations outside of marriage), abuse, and desertion (having one spouse leave the other and never return). The opposite party can only terminate the form in which the material has already been destroyed through a divorce based on these grounds....

2. Guilt Theory

Divorce is commonly perceived as a means of penalizing the responsible person who has disqualified themselves from collaboration. The guilt-or-offense idea of divorce was born out of this. This view states that a marriage may only be dissolved if one of the partners committed a marital offense after the union was solemnized. The offense needs to be one that is accepted as a basis for divorce. According to the guilt hypothesis, there are two parties involved: an innocent victim and a guilty participant who has committed a marital violation. Later, the addition of insanity as a divorce basis occurred. The concept of insanity was incompatible with the framework of guilty or marital crime theory since an insane person could scarcely be considered a culpable participant. As a result, the guilty hypothesis was renamed the fault theory. The marriage may end if one of the partners has a flaw, whether it be from a deliberate action or a providential one....

3. Divorce by Mutual Consent

The fault theory of divorce had flaws, which gave rise to a second theory: the concept of divorce by mutual consent. The fault theory’s greatest flaw has been its presupposition that there is only one guilty and one innocent party. There are situations when a husband and wife cannot co-exist, and neither of them is at fault. Then there would be no recourse for any of them. As a result, a new theory that allows for the dissolution of a marriage by consent between a husband and wife in situations when they cannot cohabitate has to be developed. Divorce by consent signifies that parties may also get a divorce by mutual consent in certain circumstances, as recognized by the law. However, a relationship might not end with mutual consent. Obtaining a judicial decree is crucial....

4. Cooling-off Period

Before submitting a joint petition, parties must reside apart for a year or more in accordance with the Hindu Marriage Act, 1955. Following petition filing, there will be a six-month cooling-off period during which the court will not review the case. To start the divorce process, the parties must then file a joint motion. The Supreme Court ruled in the historic case of Amardeep Singh v. Harveen Kaur that waiting for the six-month cooling-off period stipulated by Section 13B(2) of the Hindu Marriage Act is not required....

5. Irretrievable Beakdown of Marriage

The hypothesis of the irretrievable dissolution of marriage comes next. When two people agree to a divorce by mutual consent, the divorce cannot be finalized if one of the parties withholds their permission. As a result, as time went on, a new basis became necessary, giving rise to the thesis of the irretrievable dissolution of marriage. The fundamental tenet of “breakdown theory” is that a marriage should be dissolved without considering either party’s culpability if it has irretrievably failed or is beyond hope of recovery....

Conclusion

In simple terms, divorce is when a married couple decides they don’t want to be together anymore. They go through a legal process to officially end their marriage. This process can involve different reasons for the divorce, like if one person did something wrong or if both agree they can’t stay married. There are rules and steps to follow, which can vary depending on where you live. Divorce can be a tough time for everyone involved, so it’s important to handle it with care and fairness. It marks the end of one part of life and the start of something new....

Frequently Asked Questions on Divorce – FAQs

How is a divorce processed?...