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Under the provisions of the Hindu Marriage Act, 1955 the decree of Judicial Separation : (a) dissolve…

A decree of judicial separation under section 10 of the Hindu Marriage Act does not dissolve the marriage but only suspends marital obligations; the parties remain spouses…

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Under the provisions of the Hindu Marriage Act, 1955 the decree of Judicial Separation :

(a) dissolve the marriage.
(b) does not dissolve the marriage bond but only suspends marital rights and obligations during the subsistence of the decree.
(c) the parties continue to be husband and wife but not obligated to live together and neither party is free to marry.
(d) if after a decree of judicial separation the parties have not resumed cohabitation for a period of one year, either party may seek divorce.

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Answer and explanation

Correct answer C

A decree of judicial separation under section 10 of the Hindu Marriage Act does not dissolve the marriage but only suspends marital obligations; the parties remain spouses yet need not live together and neither may remarry, and non-resumption of cohabitation for a year after the decree founds a divorce petition under section 13(1A). Only the proposition that the decree dissolves the marriage is wrong, so the answer is "(b), (c) and (d)".

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