An Analytical Study Of Judicial Trends Relating To Divorce In India

Abstract

newlineDivorce means the termination of marital relations. It means dissolution of the marital bond. Technically speaking, divorce means a decree of dissolution of marriage. It is a process through which marital bond ceases to be in existence as per law and the couple can no longer be called the husband or the wife. Divorce allows the couple to come back to the status as if they are not married. They are now free to marry again. In Hindu s marriage is regarded as sacred because it is a bond of indissoluble nature but if in any society when the married persons feel that they cannot live together and they have no other option left rather to dissolve the marriage. Then Divorce is the final dissolution of marriage. As far as, Hindusconcerned, the bond of matrimony was regarded as permanent bond and cannot be dissolved even after death. Hindu marriage is an unbreakable, permanent bond. Manu also said in Manusmriti that husband and wife should treat each other in such a manner that no situation or condition may arise for them to separate from each other. Despite this permanent nature of Hindu marriage, Hindu Dharma Sastras approve dissolution of marriage under certain special circumstances.