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What factors does the Court take into consideration whether to dissolve a marriage or not?



Factors taken into consideration by the court to dissolve the marriage or not are governed by section 107 of the Law Marriage Act, 1971, section 107(i) of Law of Marriage Act require the Court to have regard to the conduct and circumstance of the parties especially 

(a). Petitioners own wrong doing, if any. Here petition for divorce cannot succeed save for special reason. 

(b). Customs of community to which parties belong. Other factors to be considered are; 

(c). Adultery, especially when committed more than once or adulterous association is continued despite protest. 

(d). Sexual pervasion on part of the respondent, 

(e). Cruelty, mental or physical inflicted by respondent on petitioner or the children, if any of marriage.

(f). Willful neglect on the part of respondent, 

(g). Willful desertion by respondent of at least three years, 

(h). Voluntary separation or separation by a decree of Court, where it has continued for at least three years. 

(i). imprisonment of respondent for life or for a time not less than five years regard been length and nature of offence for which it was imposed, 

(j). Mental illness of the respondent where at least two factors, one of which is qualified or is experienced by psychiatry have certified that they entertained no hope of cure or recovery, 

(k). Change of religion by the respondent where both parties followed the same faith at the time of marriage and where according to the laws of that faith change of religion a ground for dissolution of marriage or dissolves marriage is.

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