Which provision of the Hindu Marriage Act, 1955 allows divorce after at least one year without resuming…
Section 13(1A), inserted in 1964, permits either spouse to petition if cohabitation has not resumed for at least one year following a decree of judicial separation, or…
Choose your answer
Which provision of the Hindu Marriage Act, 1955 allows divorce after at least one year without resuming cohabitation or restoring conjugal rights following the corresponding matrimonial decree?
Answer and explanation
Correct answer D
Section 13(1A), inserted in 1964, permits either spouse to petition if cohabitation has not resumed for at least one year following a decree of judicial separation, or conjugal rights have not been restored for at least one year following a decree of restitution. This reflects a limited statutory breakdown principle. Section 13B separately provides for divorce by mutual consent.
Option feedback
Option A
Section 13(1) sets out other divorce grounds, including adultery, cruelty, desertion and conversion.
Option B
Section 13(2) sets out additional grounds on which a wife may petition for divorce.
Option C
Section 13B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent.
Option D
Section 13(1A) lets either spouse petition when the applicable post-decree condition has persisted for at least one year.
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