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What is the immediate legal effect of a decree of judicial separation under the Hindu Marriage Act, 1955?

Section 10(2) makes cohabitation no longer obligatory for the petitioner after a decree of judicial separation. The marriage continues. A party may later petition for…

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What is the immediate legal effect of a decree of judicial separation under the Hindu Marriage Act, 1955?

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Answer and explanation

Correct answer D

Section 10(2) makes cohabitation no longer obligatory for the petitioner after a decree of judicial separation.

The marriage continues. A party may later petition for divorce if there has been no resumption of cohabitation for the period prescribed by section 13(1A)(i).

Option feedback

Option A

A judicial separation decree relieves the petitioner of the duty to cohabit but does not end the marriage.

Option B

The marriage continues, but cohabitation is no longer obligatory for the petitioner.

Option C

The decree does not dissolve the marriage, and it does remove the duty to cohabit.

Option D

This states both legal effects under section 10(2).

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