What standard of proof did the Supreme Court apply to the allegation of matrimonial cruelty in Dastane…
The Supreme Court applied the civil standard of preponderance of probabilities in Dastane v. Dastane. The case concerned judicial separation under the law as it stood in 1975.
Choose your answer
What standard of proof did the Supreme Court apply to the allegation of matrimonial cruelty in Dastane v. Dastane (1975), a case seeking judicial separation under the Hindu Marriage Act, 1955?
Answer and explanation
Correct answer A
The Supreme Court applied the civil standard of preponderance of probabilities in Dastane v. Dastane. The case concerned judicial separation under the law as it stood in 1975.
Option feedback
Option A
Preponderance of probabilities was the civil standard the Court applied.
Option B
The Court rejected importing the criminal standard into this civil proceeding.
Option C
The Court did not require eliminating every possible doubt.
Option D
The standard turned on probabilities and did not require conclusive independent corroboration.
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