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Family LawResearch ArticleOPEN ACCESSPEER REVIEWED

N.G. DASTANE V. S. DASTANE: PROMINENCE TO SET PRECEDENT TO USE CRUELTY FOR DIVORCE

Volume
3
Issue
1
Pages
Published
Jan 2025
DOI
0
0
2
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Abstract

Divorce under Hindu Law since forever and day, has been considered to be obscure and is construed as an insoluble association with respect to a couple. Divorce was recognised under the Hindu Marriage Act, 1955 mainly associating with fault theory. The concept of divorce puts a marriage to the end where the spouses are relieved of their marital obligations and are free to part ways. Section 13 of the HMA lists the grounds of divorce including the fault ground. Cruelty, now a ground of divorce under this, was not recognised before 1976 and was only added by the Amendment Act. Cruelty in laymen terms is the conduct of spouses with respect to their marital duties and obligations and one that is adversely straying from it. In a case of cruelty, it is important to peruse the Court's considerations with regards to what amounts to cruelty, in what cases cruelty can be granted for divorce and judicial separation, what is considered to be an act for condonation of cruelty, or even whether a single act of cruelty amounts to cruelty. These issues are what determines grounds for divorce, which are further elucidated transparently in a Supreme Court judgement Narayan Ganesh Dastane v. Sucheta Narayan Dastane2.

Authors
VK
Vasudha Kottapalli
Keywords
CrueltydivorceHindu Marriage Actjudicial separationcondonation
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