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Report No. 71

7.8. Case law as to "hardship".-

This defence, therefore, requires proof of two distinct elements. First, grave financial or other grave hardship to the respondent if the marriage is dissolved and, secondly, facts and matters which in the opinion of the court, would in all the circumstances make it wrong to dissolve the marriage. In considering both these elements, the court is expressly directed to "consider all the circumstances, including the conduct of the parties to the marriage and the interests of these parties and of any children or other persons concerned."

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

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