DIVORCE BY MUTUAL CONSENT, JUDICIAL SEPARATION AND CUSTOMARY DIVORCE

1. In which year, Consent theory of divorce was introduced in the Hindu Marriage Act, 1955
   (A) 1964
   (B) 1979
   (C) 1976
   (D) 1965
   (E) 1956
2. Under which of the following section of H.M. Act, 1955 divorce by mutual consent has been provided
   (A) Under Section 13(1A) of Hindu Marriage Act, 1955
   (B) Under Section 13A of Hindu Marriage Act, 1955
   (C) Under Section 13B of Hindu Marriage Act, 1955
   (D) Under Section 13(2) of Hindu Marriage Act, 1955
3. What is necessary in a petition for divorce by mutual consent
   (A) A joint petition for divorce by both the spouse may be presented to the Court
   (B) The parties must have been living separately for period of one year.
   (C) The parties have to move the court once again after six months but before eighteen months from the date of presenting the petition.
   (D) Consent of neither party have been obtained by force, fraud or undue influence.
   (E) All of the above.
4. In a proceeding for dissolution of marriage by mutual consent under section 13B of Hindu Marriage Act, 1995 a party to the petition
   (A) Can withdraw the consent unilaterally
   (B) Can withdraw the consent with the consent of the other party
   (C) Can withdraw the consent with the leave of the court
   (D) Cannot withdraw the consent
5. In a petition under section 13B of Hindu Marriage Act, 1955, the consent can be withdrawn by the parties
   (A) After the presentation of first petition
   (B) At the time of moving the court for the second time.
   (C) Before moving the court for the second time
   (D) After moving the court for the second time but before the passing of the decree for divorce
   (E) None of the above
6. Expression ‘living separately’ under section 13B of Hindu Marriage Act, 1955 refers to
   (A) Parties are not living as husband and Wife
   (B) Parties may not live in the same house
   (C) Parties have no desire to perform marital obligations
   (D) Both (A) and (C)
   (E) Only (B)
7. In which of the following case the Supreme Court held that “The consent can be withdrawn unilaterally
   (A) Prakash Kaur v. Bikramjit Singh
   (B) Jay Shree Ramesh v. Ramesh Bhikaji
   (C) Sureshta Devi v. Om Prakash
   (D) Nachattar Singh v. Harcharan K
   (E) Ashok Hurra v. Rupa
8. Mark the correct options
   I. Consent theory makes the divorce very easy
   II. Consent theory makes the divorce very difficult
   (A) Only I and not II
   (B) Both I and II are correct
   (C) Only II and not I
   (D) Both (A) and (B) are incorrect
9. Which of the following provision of the H. M. Act, 1955 applies to Customary divorce
   (A) Section 29(1)
   (B) Section 29(2)
   (C) Section 29(3)
   (D) Section 29(4)
10. The customary divorce can be obtained through the:
    (A) Agency of gram panchayat or caste tribunal
    (B) By private act of parties, orally or in writing or under an agreement such as tyaga-patra or farkat-nama.
    (C) Both (A) and (B)
    (D) Only (A) and not (B)
    (E) Only (B) and not (A)
11. Section 10 of Hindu Marriage Act, 1955 provides for
    (A) Judicial separation
    (B) Separation by agreement
    (C) Both judicial separation and separation by agreement
    (D) Only judicial separation and not separation by agreement
    (E) Only separation by agreement and not by judicial
    separation.
12. A petition for judicial separation lies
    (A) If the marriage is void
    (B) If the marriage is valid
    (C) If the marriage is either void or voidable
    (D) If the marriage is invalid.
13. Ordinarily judicial separation leads to
    (A) Reconciliation
    (B) Divorce
    (C) Either (A) or (B)
    (D) Only (A) and not (B)
    (E) Only (B) and not (A)
14. A decree of judicial separation is a
    (A) Judgment in rem
    (B) Judgment in personam
    (C) Either (A) or (B)
    (D) Only (B) and not (A)
    (E) Only (A) and not (B)
15. What may be pleaded as a bar to petition for divorce on the basis of mutual consent.
    (A) Compromise
    (B) Collusion
    (C) Both (A) and (B)
    (D) Only (A) and not (B)
    (E) Only (B) and not (A)
16. Mark the incorrect statement:
    I. A decree of judicial separation dissolves the marriage bond.
    II. After the passing of a decree for judicial separation, cohabitation is not obligatory.
    III. During judicial separation the parties continue to be husband and wife but marital rights and obligations are suspended.
    IV. The Matters relating to alimony and maintenance of wife and children may not be agitated after a decree of judicial separation
    V. The grounds of judicial separation are same as the grounds of divorce. (A) I, III and IV
    (B) II, III and V
    (C) I and IV
    (D) II and IV
    (E) II and III

ANSWER

1. (C)
2. (C)
3. (E)
4. (A)
5. (D)
6. (D)
7. (C)
8. (B)
9. (B)
10. (C)
11. (D)
12. (B)
13. (C)
14. (E)
15. (E)
16. (C)