Which of the following theories is the outcome of a fundamental shift in the policy discernible from…
The breakdown theory grew out of the shift in divorce policy towards the view that divorce law is not meant to punish a guilty spouse but to end a marriage that has broken…
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Which of the following theories is the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty but to protect the innocent spouse:
Answer and explanation
Correct answer C
The breakdown theory grew out of the shift in divorce policy towards the view that divorce law is not meant to punish a guilty spouse but to end a marriage that has broken down beyond repair while protecting the innocent spouse; hence "Breakdown theory". The fault theory treats divorce as a remedy against a guilty party, and the consent theory rests on the agreement of both spouses, which is a different basis.
Current law: In Shilpa Sailesh v Varun Sreenivasan (2023) the Supreme Court confirmed its discretionary power under Article 142 to dissolve a marriage for irretrievable breakdown in appropriate cases. This does not make breakdown an ordinary standalone statutory divorce ground available to every matrimonial court under the Hindu Marriage Act.
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