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The Fault Theory of Divorce
The Fault Theory of Divorce
introduction
Divorce is the legal dissolution of a marriage by a court or any other
competent party.
In England only the act of the Parliament, a marriage could have been
dissolved (before 1857)
It is necessary to have a guilty and an innocent party, and only innocent party
can seek the remedy of divorce. However the most striking feature and
drawback is that if both parties have been at fault, there is no remedy
available.
Further, the Marriage Laws (Amendment) Act, 1976 has made a radical
amendment and grounds of divorce are increased and some special grounds for
divorce are given to the wife.
The fault theory is also the basis for divorce under the Parsi Marriage and
Divorce Acts 1936-88 . As many as eleven grounds for divorce are
recognized, and practically all the matrimonial bars have been enacted.
Originally, under the Hindu Marriage Act,1955, divorce was based only on the
fault theory . The consent theory and the breakdown theory were introduced
later on. The Special Marriage Act, 1954 enacted both the fault theory and
consent theory. The Dissolution of Muslim Marriage Act, 1939, also enact
the the fault theory.
Case law