SOAS Research Online

Abstract

Chapter I is an introduction of the subject. Chapter II deals with the nature of Hindu marriage and investigates the question whether divorce as such was recognised by the dharmasastra. Chapter III gives a brief outline of the history of divorce in England. Chapter IV interprets the terms 'adultery' and 'living in adultery' against the social background of Hindu and English society. It also considers the question of evidence and the standard of proof. Chapter V discusses the concept of desertion and its ingredients by reference to case law. It explains the defence of 'just cause' including what amounts to a 'grave and weighty' matter for the purpose of desertion and its relation to cruelty. Chapter VI defines 'cruelty'; how the concept of cruelty has changed from time to time; the effect of insanity in relation to cruelty and the protection of the aggrieved spouse. The effect of offences committed by the guilty spouse against third parties. Chapter VII deals with insanity as a ground for divorce and the test to be applied in such a case. The difference between the Hindu and English statutes regarding insanity. Chapter VIII investigates the circumstances leading to presumption of death and dissolution of marriage including the burden of proof in such a case. Chapter IX defines grounds for divorce available only to the wife. Chapter X deals with grounds for divorce peculiar to Hindu law. These include renunciation of the world, conversion to another religion, suffering from leprosy and venereal disease, second marriage of the husband (where the second marriage took place before the Hindu Marriage Act, 1955) as a ground for divorce available to a Hindu wife. Divorce on the grounds of failure to comply with a decree for restitution of conjugal rights and non-resumption of cohabitation for a period of two years or upwards after a decree of judicial separation has been passed, has also been considered.