Irretrievable Breakdown Theory
ABSTRACT
This paper revolves around sifting through detailed analysis of the judgments delivered by the Supreme Court of India and various other High Courts, which form the legal corpus of irretrievable breakdown of marriage as a ground for divorce in India. Under the breakdown theory, irretrievable breakdown of marriage is where the marriage has reached a point wherein there is complete breakdown of the institution with no scope for retrieval of that previously existing bond. The 71st Report of the Law Commission of India (1978) majorly supported this view after which the subsequent legislative attempt in 1981 failed and from the initiation of marriage law amendment Bill in 2010, it got passed in 2013 by Rajya Sabha, however, the government seems hesitant to pass this bill.
…show more content…
What are the merits and demits of the irretrievable breakdown of marriage as the ground for divorce? Should decree of divorce be based on fault theory or on breakdown theory? What lead to gradual shift from a fault theory to a no fault theory? Even though irretrievable breakdown of marriage has not expressly been stated under the Hindu Marriage Act, 1955 as a ground for divorce, judgments have been given on the basis of this principle which gives rise to the question of the validity of those decisions? How far the judiciary has developed this concept? What is the position in the other countries? What is the distinction between amendment Bill of 1981 and 2010? Whether there is requirement of strong legislative will to incorporate it as a ground in the India legislation on
Petey Breakdown Scenarios
155 Words | 1 PagesIronically, Petey was good friends with Johnny. Johnny encouraged Petey to wrestle, and after about a month of asking, Petey decided he would sign up. Petey has a good home life, with one brother and two parents. Petey’s worst nightmare comes true at after his second wrestle match. He learns that he has to fight Chris Byers.
Short Story: A Colonial Family's Reaction To The Stamp Act
977 Words | 4 PagesI told you this is taxation without representation. They think they can just become more strict and demanding out of nowhere? We will show them. We must configure against the parliament. That is the fastest way to ban this act.
Examples Of Destruction In The Crucible
361 Words | 2 PagesDestruction The Crucible by Arthur Miller takes place in the 16 century during the period of the Salem witch trails. It was base roughly off of people that lived during that time, and the events that took place. The play is about a group of girls who are led by Abigail Williams who accuse the majority of women in the town of witchcraft. Arthur miller used this story to show people that jealousy lead to destruction. Love, hatred, and jealousy are frequently shown between John Proctor, Abigail Williams and Elizabeth Proctor.
Broken Windows Theory
943 Words | 4 PagesAll It Took Was Three Minutes Imagine a world where your last name is literally the cause of your death. Does it seem beyond the bonds of possibility to you? Unfortunately, it’s not. Unarmed, recent high school-graduated Michael Brown, suffered on August 9th 2014 his untimely death. At 12:01 he was confronted by (white) officer Darren Wilson; three minutes & six shots later at 12:04, he was found lying dead on the ground.
Structural Defects
603 Words | 3 PagesThe inner moral compulsion to obey is what drives most social organizations. Sykes (2007) described several structural defects that occurred in the New Jersey State prison. Sykes (2007) argues that power in prison is not based on authority therefore prison officials have to find other means to get prisoners to abide by the rules and regulations. The ability to use force to maintain order on a large scale in the prison is an illusion. According to Sykes (2007), Certain privileges such mailing and visiting, personal possessions, time-off for good behavior etc. are given to the inmate all at once upon his or her arrival to the prison.
Peter Van Inwagen Free Fate Analysis
948 Words | 4 PagesThe Obscurities of Free Will In Peter Van Inwagen’s book, Metaphysics, he presents several positions concerning free will and determinism. For Van Inwagen, free will is something that is commonly conscious and inevitable for most people. However, it is hard to understand how each position can have such a complex mystery, as he presents it. Van Inwagen is convoluting the concepts of free will and determinism with unnecessary layers of mystery.
Why Is The Broken Window Theory Broken
170 Words | 1 PagesThe next part i'm going to introduce to you readers is the Broken Window Theory which states “if a window is broken and left unrepaired, people walking by will conclude that no one is in charge” this quote meant that the little things matter, which is true. If you were to ever pass by a bad neighborhood you'll notice that there is one something that is usually broken or unrepaired for example, broken windows which symbolise an unsafe neighborhood. After learning the Broken Window Theory I started noticing what’s wrong with the unsafe neighborhoods, usually it's the house structure,which are broken and unfixed, helping the viewer understand that the neighborhood isn't safe. I like to think of the broken window theory as a broken glass, because
How Has Australia Changed Between 1959 And 1975
1297 Words | 6 PagesThe legal change of divorce law in Australia changed dramatically in the year of 1975 when deciding on a divorce became easier to resolve but because of the uprise of divorce in 1976 several problems effected more families and still is now. Unhappy marriages before 1975 were a problem but since the uprise of divorces in 1976 more spouses have said to have been unhappy after a divorce as well because of all the financial and emotional problems of the splitting up of the family, causing the children as well as the parent’s difficulties all around. Prior to 1975, from the years between 1959 and 1975, divorces were decided on certain faults that occurred during the marriage that had to be proven in court. In several cases, this led to humiliation for the partner at fault and dishonesty within the courts for people
Things Fall Apart Figurative Language
1162 Words | 5 PagesChapter 10: In chapter 10 of Things Fall Apart, the author had purpose in all text. The text supported the author’s purpose of being a female is difficult. Females had to deal with having their thoughts or opinions not important. “There were many women, but they looked on from the fringe like outsiders” (Achebe 87).
The Hero's Journey In Unbreakable
702 Words | 3 PagesIn the classic hero versus villain tale, the struggle between good and evil seems to be black and white. And yet in Unbreakable (M. Night Shyamalan, 2002), the lines are blurred so that the villain creates a hero. The villain, Elijah Price (Samuel L. Jackson) has a disorder in which his bones break like glass and therefore distorting his childhood and making him seem like an outcast. As where our hero, David Dunn (Bruce Willis) is the star athlete, who gave up his potential career in football for a girl who he loved. The two characters are juxtaposed in every way possible: fragile to unbreakable, strong to weak, self-assured to needing guidance.
Essay On Hook Up Culture
961 Words | 4 PagesDivorce rates in America have been steadily rising. This can be said to be due to many reasons such as the law passed in 1969 stating that it did not have to be infidelity charges or physical abuse in order to get a divorce (Evolution). And this is true; due to this law it has become ever so much easier to get a divorce, and this would lead to people not caring as much about who or when they marry, because it doesn 't have to be forever anymore. The problem is people who do not put in the effort or time to fix their marriage, and rush into it not thinking about the long term commitment it is. In order to fix this, couples need to regain the moral value that once influenced long lasting marriages before.
Analysis Of Brownstein's My Period Of Degradation
844 Words | 4 PagesIt is hard to confront what one has always believed and then discover little to none of it is based on a hundred percent truths. In a personal interview, Brownstein says about "My Period of Desperation (Degradation)" that the Desperation poem is "how I began to dig into the subject matter and—like when you pick at a scab—uncover more and more truths." He says these words because this poem is one of the first one he wrote after discovering the truth of Palestine. The poet starts with a brief introduction about himself and about his "people's history" (7). Brownstein is totally aware of what is happening in Palestine and this leads him to write such poems.
Theories Of Online Dating
884 Words | 4 PagesHowever, these transformations have also brought freedoms and tensions as there are also high divorce rates underneath high marriage rates. The contradiction of interests among love, family and freedom has affected the perspective of relationships nowadays and hence people need to recognise their priority of personal
Dealing With Disintegration
706 Words | 3 PagesAccording to Merriam Webster, the definition of Order is the arrangement or disposition of people or things in relation to each other according to a particular sequence, pattern, or method. In other words, it is when everything thing is in the right place and is functioning well. The opposite of that would be disintegration. Many countries are trying to establish order, while others already have order and are trying to keep. Other countries, however, are barely holding on and are heading into a period of disintegration, for example, our country: The US.
Divine Wedding In The Old Testament Essay
826 Words | 4 PagesIn the discussion with the Pharisees about divorce (Cf., Deut 24:1), instead of arguing about what is liable or about the juridical motivations, the Lord places the issue directly at the level of creation. His answer is a fundamental resolution, not a casuistic solution: “what God has joined together, let no one separate” (v. 9). Christ knows very well the pro-divorce praxis of his time and he rejects it. The principle which he refers to is not to be understood as temporal moment in the history of salvation; on the contrary it is to be taken as the original authentic will of the Creator. The unbreakable unity of marriage reflects its genuine meaning which, in fact, calls back to creation itself: a marriage acknowledged in this way becomes a means of salvation for the partners.
More about Irretrievable Breakdown Theory
Petey Breakdown Scenarios
155 Words | 1 PagesShort Story: A Colonial Family's Reaction To The Stamp Act
977 Words | 4 PagesExamples Of Destruction In The Crucible
361 Words | 2 PagesBroken Windows Theory
943 Words | 4 PagesStructural Defects
603 Words | 3 PagesPeter Van Inwagen Free Fate Analysis
948 Words | 4 PagesWhy Is The Broken Window Theory Broken
170 Words | 1 PagesHow Has Australia Changed Between 1959 And 1975
1297 Words | 6 PagesThings Fall Apart Figurative Language
1162 Words | 5 PagesThe Hero's Journey In Unbreakable
702 Words | 3 PagesEssay On Hook Up Culture
961 Words | 4 PagesAnalysis Of Brownstein's My Period Of Degradation
844 Words | 4 PagesTheories Of Online Dating
884 Words | 4 PagesDealing With Disintegration
706 Words | 3 PagesDivine Wedding In The Old Testament Essay
826 Words | 4 Pages