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Report No. 71

2.7. Contract with the theory of breakdown.-

In contrast with all these theories, the distinctive feature of the theory of breakdown of marriage, as visualised by us for providing a basis of divorce, is that, irrespective of the fault or other circumstances relevant to the conduct or position of the parties, divorce is to be granted if the marriage has actually broken down. Whether the substantive requirement of breakdown is accompanied by certain evidentiary requirements is a matter of detail, as is the actual legislative formulation in which this ground may be couched.

The Hindu Marriage Act, 1955 - Irretrievable breakdown of Marriage as a Ground of Divorce Back

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