Under the Hindu Marriage Act, 1955, which statements about a decree of judicial separation are correct?…
Section 10(2) removes the obligation to cohabit while the decree remains in force. The parties remain married. Section 13(1A)(i) permits either spouse to petition if there…
Choose your answer
Under the Hindu Marriage Act, 1955, which statements about a decree of judicial separation are correct?
- It dissolves the marriage.
- While the decree remains in force, the spouses are under no obligation to cohabit.
- The parties remain married.
- Either spouse may petition for divorce if cohabitation has not resumed for at least one year after the decree.
Answer and explanation
Correct answer D
Section 10(2) removes the obligation to cohabit while the decree remains in force. The parties remain married. Section 13(1A)(i) permits either spouse to petition if there has been no resumption of cohabitation for at least one year after the decree.
Option feedback
Option A
This includes dissolution, although judicial separation leaves the marriage intact, and omits the statement that the spouses remain married.
Option B
Dissolution is false even though the three other statements are correct.
Option C
This includes dissolution and omits the effects on marriage and cohabitation.
Option D
The decree removes the duty to cohabit while leaving the marriage in place. Either party can petition after the statutory period.
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