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Report No. 71

1.7. Scheme of discussion.-

The scheme of our discussion will be as follows:-

We shall first examine the present grounds for divorce under the Hindu Marriage Act. We shall then deal with the theory of irretrievable breakdown and consider the merits and demerits of the theory. In case the theory of irretrievable breakdown is to be adopted, the question would fall to be considered whether the other grounds of divorce should be retained, or whether merely the broad and exclusive category of irretrievable breakdown should be substituted as absorbing the grounds already provided in the law. We shall deal with that question in due course. If the principle of irretrievable breakdown is adopted the next question will be how exactly to incorporate it into the Act. We will also examine the question whether the introduction of such a ground should be coupled with any safeguards.



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




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