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Family Law Volume 2Marriage, Divorce, and Matrimonial Litigation$
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Flavia Agnes

Print publication date: 2012

Print ISBN-13: 9780198072201

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198072201.001.0001

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Marriage and its Dissolution

Marriage and its Dissolution

Chapter:
(p.1) 1 Marriage and its Dissolution
Source:
Family Law Volume 2
Author(s):

Flavia Agnes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198072201.003.0001

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

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