Discuss (c) Consensual divorce

Divorce — the legal dissolution of a valid marriage by decree. The two frameworks the syllabus sets against each other: 1. The religious notion: marriage as sacrament — indissoluble (naatiko palo — "not even in the next life" the classical formula); the only escape valves: the shastric apravattya disciplines and the community's informal separations; divorce as sin-and-scandal — the notion the 1963 Ain finally breached (judicial divorce introduced, fault-based); 2. The rights-based approach: marriage as a consensual status — the dignity of exit as a 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); the violence-and-cruelty intolerability (the Domestic Violence Act's protection orders as the exit- assist); the child's welfare as the divorce's organizing principle (not the marriage's preservation at any cost). Nepal's position: the Civil Code 2074's divorce regime — fault grounds + mutual consent + the statutory-breakdown elements; the court's reconciliation-first duty.