Two Hindus are judicially separated under the Hindu Marriage Act, 1955. Their marriage has not been…
Under section 10, judicial separation removes the obligation to cohabit without dissolving the marriage. The surviving spouse remains eligible under the applicable Hindu…
Choose your answer
Two Hindus are judicially separated under the Hindu Marriage Act, 1955. Their marriage has not been dissolved. One spouse dies intestate. What effect does the decree alone have on the other spouse’s eligibility to inherit as a spouse?
Answer and explanation
Correct answer A
Under section 10, judicial separation removes the obligation to cohabit without dissolving the marriage.
The surviving spouse remains eligible under the applicable Hindu Succession Act rules, subject to ordinary statutory conditions.
Option feedback
Option A
The decree removes the obligation to cohabit, leaving the marital status and potential intestate share intact.
Option B
Judicial separation by itself does not dissolve the marriage or create a succession disqualification.
Option C
The intestacy statutes do not make a spouse’s eligibility conditional on the children’s consent.
Option D
Statutory heirship rules determine eligibility.
Option E
The intestacy rules do not impose this proposed distinction by grounds of separation.
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