Chapter

Marriage and its Dissolution

Flavia Agnes

in Family Law Volume 2

Published in print January 2012 | ISBN: 9780198072201
Published online September 2012 | e-ISBN: 9780199081301 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198072201.003.0001
Marriage and its Dissolution

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This chapter introduces the material and historical basis of ‘marriage’ as an indissoluble and sacrosanct unit and its gradual progression towards divorce. It also demonstrates the connection between economic developments and the changing nature of marriage. The grounds for the annulment include bigamy, force/coercion, fraud/misrepresentation, impotency, insanity/mental disorder, pre-marriage pregnancy and marriage of minors. The basic premise of the breakdown theory is that if a marriage has broken down without any possibility of repair (or irretrievably), it should be dissolved without determining the ‘fault’ of either party. Some examples of economic settlements are discussed. The Special Marriage Act and the Indian Christian Marriage Act were the first enactments which provided for the registration of marriages. The humiliation and violence within marriage has been a major concern for Indian women down the ages. It is shown that traditional personal laws, customary laws as well as statutory law function from a patriarchal base.

Keywords: marriage; divorce; annulment; breakdown theory; Special Marriage Act; Indian Christian Marriage Act; Indian women

Chapter.  70305 words. 

Subjects: Family Law

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