Dastane v. Dastane relates to which of the following matters in Hindu Law?
Dastane v Dastane (1975) is the leading Supreme Court decision on matrimonial cruelty under the Hindu Marriage Act: the test is whether the conduct causes a reasonable…
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Dastane v. Dastane relates to which of the following matters in Hindu Law?
Answer and explanation
Correct answer B
Dastane v Dastane (1975) is the leading Supreme Court decision on matrimonial cruelty under the Hindu Marriage Act: the test is whether the conduct causes a reasonable apprehension in the petitioner's mind that it will be harmful or injurious to live with the other spouse, and such allegations need only be proved on a preponderance of probabilities. It is not a leading case on restitution of conjugal rights, adultery or sapinda relationship.
Current law: For covered Uttarakhand matrimonial proceedings, UCC Section 25(1)(ii) expressly provides cruelty as a divorce ground. The current statutory text and applicable precedent, rather than the old 1975 provision alone, determine a particular claim. Coverage includes defined Uttarakhand residents, including residents outside the State, and excludes Scheduled Tribes and groups with Part XXI-protected customary rights.
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