Discuss (c) Recognition of foreign divorce decrees

Divorce is the legal dissolution of a valid, subsisting marriage by decree of a competent authority — the marital status terminated, the spouses restored to the capacity to remarry, and the ancillary consequences (property, maintenance, custody) settled by the same decree. Two frameworks the syllabus sets against each other: The religious notion: marriage as sacrament — indissoluble ("not even in the next life," the classical formula); the only escape valves the shastric disciplines and the community's informal separations; divorce as sin and scandal. The notion the Muluki Ain, 2020 finally breached — judicial divorce introduced, fault-based and at first gender-asymmetric; The rights-based approach: marriage as a consensual civil status — the dignity of exit as the corollary of consent; the equality principle (the wife's equal exit right — the old Ain's asymmetric grounds corrected by the 11th Amendment and the Gender Equality Act, and completed by the Civil Code 2074); the intolerability principle (cruelty and violence as exit- assist, with the Domestic Violence Act 2066's protection orders alongside); the child's welfare as the divorce's organizing principle — not the marriage's preservation at any cost.