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Report No.71

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

Chapter 1 Introduction
1.1 Introductory
2. Irretrievable breakdown
3. Suggestion analysed
4. Fundamental question not discussed in past Report
5. Hindu Marriage Act
6. Questionnaire
7. Scheme of discussion
Chapter 2 Present Law under The Hindu Marriage Act
2.1. Present law under the Hindu Marriage Act
2. Present position under the Hindu Marriage Act, 195
3. Section 13(1A)
4. Section 13(2)
5. How far concept of breakdown adopted in section 13(1A)
6. Various theories of divorce
7. Contract with the theory of breakdown
Chapter 3 Irretrievable Breakdown: The Theory
3.1. Germ of the theory
2. Theoretical basis of irretrievable breakdown
3. Defects of the matrimonial fault theory
Chapter 4 Merits and Demerits of The Theory of Irretrievable Breakdown
4.1. Question 1
2. Reasons in support
3. Objections
4. Principle of not taking advantage of one's own wrong already modified
5. Recommendation as to breakdown
6,7. Replies to the Questionnaire
8. Objection of one High Court considered
9. Objection of Department of Social Welfare considered
Chapter 5 Retention of other Grounds of Divorce
5.1. Question of retention of other grounds
2. Retention favoured
3. Existing grounds of divorce
Chapter 6 The Requirement of Living Apart
6.1. Living apart
2. Questions 2 and 3
3. Points made to replies to Question 2
4,5. Recommendation as to Question
6. Period not to be too long or too short
7. Replies to Question 3
8. Recommendation as to Question
9. Calculation of continuous period
Chapter 7 Safeguards
7.1. Introduction
I Welfare of Children
2. Welfare of children
3. Provision as to children in the English Act
4. Provision in the Hindu Marriage Act
5. Question 4 in Questionnaire and replies thereto
6. Recommendation as to children
II Hardship
7. Hardship
8. Case law as to "hardship"
9. Question 5
10,11. Recommendation as to hardship to the wife
12. Recommendation as to Question 5 on the basis of hardship to the wife
13. Definition of "hardship" in the English Ad not inserted
Chapter 8 Recommended Amendments
8.1. Insertion of new sections 13C, 13D and 13E
2. Amendment of section 21
3. Amendment of section 23(1)(a)
Appendix Law Commission of India

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