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

By: Contributor(s): Publication details: Bangalore NLSIU 2020Description: 57pOnline resources:
Contents:
TABLE OF CONTENT TITILE PAGE TABLE OF CONTENT LIST OF ABBREVATIONS ACKNOWLEDGEMENTS DECLARATION DEDICATION CHAPTER 1: INTRODUCTION; 1.1 Background of the study; 1.2 Research problem; 1.3 Aim; 1.4 Objectives of the study; 1.5 Significance of the Study; 1.6 Limitations of the study; 1.7 Review of Literature; 1.8 Research questions; 1.9 Hypothesis; 1.10 Research Methodology; 1.11 Source of data; 1.12 Mode of citation; 1.13 Chapterization; CHAPTER 2: HISTORICAL BACKGROUND OF DIVORCE AMONG HINDUS; 2.1 Marriage as an institution among Hindus; 2.2 Evolution of concept of divorce among Hindus and opinions of different authors; 2.3 Can Brahmins of ancient India dissolve their marriage by divorce?; 2.4 Concept of customary divorce; 2.5 Role of Nyaya Punchas ; 2.6 Codification of divorce laws in India; 2.7 An analysis of section 13 of the HMA; 2.8 Divorce by mutual consent: An overview; CHAPTER 3: WHAT ARE THE LEGAL DEVELOPMENTS IN OTHER COUNTRIES w.r.t IRRETRIEVABLE BREAKDOWN OF MARRIAGE AND THE ROLE OF THEIR JUDICIARY; 3.1 Concept of irretrievable breakdown of marriage in the modern times; 3.2 Forms of Irretrievable breakdown of marriage; 3.3 Legal developments in other countries; 3.3.1 England; 3.3.2 Mortimer Committee; 3.3.3 Judicial approach in England; 3.4 New Zealand; 3.4.1 Judicial approach ; 3.5 Australia; 3.5.1 Judicial approach; 3.6 India and comparative analysis; 3.6.1 Judicial approach in India; 3.6.2 Conflict between section 13 (1A) and 23 (1) (a) ; 3.6.3 71st Report of the law commission of India; 3.6.4 How much of breakdown theory is present in section 13(1A); 3.6.5 Whether other grounds of divorce to be retained or not?; 3.6.6 Safeguards in the report; 3.6.7 Recommended amendments by the commission; 3.6.8 217th report of the law commission of India; CHAPTER 4: CONCLUSIONS AND SUGGESTIONS; 4.1 Socio economic structure: An Analysis ; 4.2 Increasing rate of divorce good or bad; 4.3 Concluding remarks; BIBLIOGRAPHY; APPENDIX.
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TABLE OF CONTENT
TITILE PAGE
TABLE OF CONTENT
LIST OF ABBREVATIONS
ACKNOWLEDGEMENTS
DECLARATION
DEDICATION
CHAPTER 1: INTRODUCTION;
1.1 Background of the study;
1.2 Research problem;
1.3 Aim;
1.4 Objectives of the study;
1.5 Significance of the Study;
1.6 Limitations of the study;
1.7 Review of Literature;
1.8 Research questions;
1.9 Hypothesis;
1.10 Research Methodology;
1.11 Source of data;
1.12 Mode of citation;
1.13 Chapterization;
CHAPTER 2: HISTORICAL BACKGROUND OF DIVORCE AMONG HINDUS;
2.1 Marriage as an institution among Hindus;
2.2 Evolution of concept of divorce among Hindus and opinions of different authors;
2.3 Can Brahmins of ancient India dissolve their marriage by divorce?;
2.4 Concept of customary divorce;
2.5 Role of Nyaya Punchas ;
2.6 Codification of divorce laws in India;
2.7 An analysis of section 13 of the HMA;
2.8 Divorce by mutual consent: An overview;
CHAPTER 3: WHAT ARE THE LEGAL DEVELOPMENTS IN OTHER COUNTRIES w.r.t IRRETRIEVABLE BREAKDOWN OF MARRIAGE AND THE ROLE OF THEIR JUDICIARY;
3.1 Concept of irretrievable breakdown of marriage in the modern times;
3.2 Forms of Irretrievable breakdown of marriage;
3.3 Legal developments in other countries;
3.3.1 England;
3.3.2 Mortimer Committee;
3.3.3 Judicial approach in England;
3.4 New Zealand;
3.4.1 Judicial approach ;
3.5 Australia;
3.5.1 Judicial approach;
3.6 India and comparative analysis;
3.6.1 Judicial approach in India;
3.6.2 Conflict between section 13 (1A) and 23 (1) (a) ;
3.6.3 71st Report of the law commission of India;
3.6.4 How much of breakdown theory is present in section 13(1A);
3.6.5 Whether other grounds of divorce to be retained or not?;
3.6.6 Safeguards in the report;
3.6.7 Recommended amendments by the commission;
3.6.8 217th report of the law commission of India;
CHAPTER 4: CONCLUSIONS AND SUGGESTIONS;
4.1 Socio economic structure: An Analysis ;
4.2 Increasing rate of divorce good or bad;
4.3 Concluding remarks;
BIBLIOGRAPHY;
APPENDIX.