Examining the Consent Theory of Divorce vis-à-vis Practices of Collusion, Cooling-Off Period, and Available Remedies: Key Rationale, Judicial Holdings, and Related Issues

In a country like India, the concept of marriage is considered to be a very sacramental practice and holds a greater societal, cultural, and emotional importance in people’s lives. Indian marriages are performed with great purity, it harmonizes two individuals for ultimate eternity and also teaches people the meaning of ‘living together’. In fact, Manu smriti declared ‘marriage’ as “the highest dharma” of the two people and as an “indissoluble union” between them. A successful marriage is a significant element in people’s life in order to attain happiness, however, there may arise situations that can be deemed as a phase of anger or other problems between a couple due to which they may want to decide to opt-out of the marriage. This can be easily achieved owing to the various additions to laws relating to divorce in India. The concept of Divorce under the Hindu Marriage Act has been mainly based on three different theories i.e., first, the Fault Theory, Second, divorce by Mutual Consent Theory, and third, the Irretrievable Breakdown of Marriage Theory. This paper focuses on the Mutual Consent theory of divorce described under Section 13B of the Hindu Marriage Act and discusses various related issues.