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Judicial separation means separation from bed and board.During this period, husband continues to pay the maintenance allowance to his wife.
But neither the husband nor the wife can dissolve marriage against the will of the other party.
He had sanctioned divorce only in four ‘Adharmic’ marriages namely, Asura, Gandharva, Paisacha and Rakshasa on grounds mentioned above by him.
According to Narada, if a woman finds that her husband is devoid of manliness and virility, she has to wait for six months and after the lapse of this period she can choose another husband. In case the wife has an issue from the lost husband, then she has to wait for double the period.
According to the Smritis, there are five cases in which the wife is allowed to have second husband. Kautilya permits the woman to abandon her husband if he has bad character, if he is out for a very long time or if he has become a traitor or if he is likely to endanger her life or if he has lost his virility. A divorce can be obtained where there is hatred or enmity between the husband and the, wife.
It is only when two years have elapsed since the date of marriage a petition for divorce may be made.
But to start with, one gets only judicial separation for two years during which one may try to reconcile with his/her partner.
The changing attitudes towards divorce have been institutionalized by various changes in laws which have made room for divorce.
Divorce legislations were influenced by the notion of suffering and unhappiness of the adults trapped in the so called ’empty- shell’ marriages, where the spouses live together but their marriages exist in name only.
He is of the opinion that the bond of marriage, according to Brahma, Daiva , Arsha and Prajapataya forms cannot be dissolved at all.
In other four forms, marital ties cannot be dissolved without mutual consent.