Owing to incompatibility of the parties to the marriage, if they have not resumed cohabitation after…
Divorce on the ground of non-resumption of cohabitation for one year after a decree of judicial separation or of restitution of conjugal rights under Section 13(1A) of the…
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Owing to incompatibility of the parties to the marriage, if they have not resumed cohabitation after judicial separation decree or there is no restitution of conjugal rights (RCR) after passing of the RCR decree for a period of one year or upward, it is better that they divorce. Which theory best suits their divorce?
Answer and explanation
Correct answer B
Divorce on the ground of non-resumption of cohabitation for one year after a decree of judicial separation or of restitution of conjugal rights under Section 13(1A) of the Hindu Marriage Act, 1955 rests on the "Breakdown theory", as the marriage is taken to have broken down.
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