Paper 10-THE CHANGING PERSPECTIVE OF DIVORCE UNDER HINDU LAW

PAPER ID:IJIM/V.2(IX)/51-62/10

AUTHOR: Praveen Kumar Mall

TITLE : THE CHANGING PERSPECTIVE OF DIVORCE UNDER HINDU LAW

ABSTRACT:This Article discusses the changes made under the Hindu law of divorce including the historical background of divorce and its origin through legislation, and legislative modifications in the Hindu law of divorce and effects of such legislations and modifications. This chapter deals with matrimonial relief of judicial separation and remedy of divorce. Under the Shastric Hindu law, divorce was not recognized, unless it was allowed by custom. The reason was that, a Hindu marriage was an indissoluble tie between the husband and the wife. However painful cohabitation may be, divorce was not accepted by the old law. In some communities, such customs fulfilled the requisites of a valid custom.

KEYWORDS:Divorce, Hindu law, Marriage, judicial separation

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