Hindu Marriage Act: Recognized Divorce Theories

The Hindu Marriage Act, 1955, outlines specific grounds for divorce. Let's examine the options provided:

• Fault Theory: This is recognized. The Act lists several fault-based grounds for divorce, such as adultery, cruelty, desertion, conversion, mental disorder, etc., under Section 13(1).
• Breakdown Theory: While not explicitly named 'Breakdown Theory', the Act incorporates elements of it. For instance, Section 13(1)(ib) allows divorce on grounds of non-resumption of cohabitation after a decree for judicial separation or restitution of conjugal rights, indicating a breakdown. Section 13(1A) also allows divorce on grounds of desertion or cruelty after specific periods, reflecting breakdown.
• Mutual Consent Theory: This is statutorily recognized under Section 13B of the Act. It allows either party to present a petition for divorce by mutual consent, provided they have lived separately for at least one year.
• Will Theory: This theory suggests that divorce should be permissible based solely on the will of one party, without needing specific fault or breakdown grounds. This is not a statutorily recognized ground under the Hindu Marriage Act, 1955.

Conclusion on Will Theory

Therefore, the theory that has not yet been statutorily recognized as a specific ground for divorce under the Hindu Marriage Act, 1955, is the Will Theory.