Which of the following does not come under the purview of Fault Theory of divorce?
Mutual consent does not come under the fault (or guilt/offence) theory of divorce; instead, it is based on the consent theory of divorce (codified, for example, in Section…
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Which of the following does not come under the purview of Fault Theory of divorce?
Answer and explanation
Correct answer D
Mutual consent does not come under the fault (or guilt/offence) theory of divorce; instead, it is based on the consent theory of divorce (codified, for example, in Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954), under which both spouses jointly agree to dissolve their marriage without proving any matrimonial offence against each other. Adultery, cruelty, and desertion are the classic matrimonial offences under the fault theory of divorce, where an innocent spouse seeks dissolution on the ground of a wrong committed by the other spouse.
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