Discussion
Which of the following does not come under the preview of Fault Theory of divorce ?
Answer: D
Mutual consent does not come under the fault theory.
Under the fault (guilt) theory, divorce is granted only when one spouse has committed a matrimonial offence against the other, such as adultery, cruelty or desertion, giving the innocent spouse a ground.
Divorce by mutual consent (section 13-B of the Hindu Marriage Act) requires no fault at all: both spouses agree that the marriage should end. It belongs to the consent theory, alongside the breakdown theory.
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