Property Distribution and Rights Procured in Divorce

  • Padmasri S. and Radhaanjana S.
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  • Padmasri S.

    Student at Sastra University, Thirumalaisamudram, Thanjavur, India

  • Radhaanjana S.

    Student at Sastra University, Thirumalaisamudram, Thanjavur, India

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Abstract

The current socio-legal examination on the enhancement of laws on the Dissolution of Hindu Marriage and the degree for the junction is innovated on explorative and individual fact discovering. This examination gives a companion for choosing whether this pivotal part of individual laws of colorful religious networks can be made invariant or not. Decomposition of Hindu marriage, also called separation, is the final and legal end of marriage. It's viewed as one kind of instrument for managing the weights and issues brought about by marriage. The impact of this has a broader dynamic seen from the endpoint of the general society. The internal injury, the seed of a meddled-up home, or a broken-down marriage experience goes a long way toward a stable marriage. This was the situation before the Hindu Marriage Act, 1955 appeared when marriage was undoable among Hindus. Still, it's made solvent now in the Act of 1955 and indeed made decomposition precipitously simpler after the 1976 change of the Act. The Indian Hindu population did not have access to the concept of divorce until 1955. Divorce was only permitted in specific circumstances for Christians, while The Parsi Marriage and Divorce Act of 1936 allowed divorce under limited conditions which were later expanded in 1988. Muslim women were granted the statutory right to divorce in 1939 but under restrictive circumstances. Despite having the option to leave an abusive or unhappy marriage, women rarely exercised this choice due to the economic insecurity they would face if they were no longer married. In Hindu culture, a woman became a part of her husband's joint family upon marriage, and he was obligated to support her. If the husband passed away before the wife, the joint family was responsible for her well-being.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1492 - 1500

DOI: https://doij.org/10.10000/IJLMH.116252

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