IRRETRIEVABLE BREAKDOWN OF MARRIAGE
- In which year, Breakdown theory of divorce was introduced in the Hindu Marriage Act, 1955
- In which of the following section of Hindu Marriage Act, 1955 Breakdown theory of divorce is reflected.
(A) Section 13(1) of Hindu Marriage Act, 1955
(B) Section 13(2) of Hindu Marriage Act, 1955
(C) Section 13(1A) of Hindu Marriage Act, 1955
(D) Section 13A of Hindu Marriage Act, 1955
(E) Section 13B of Hindu Marriage Act, 1955
- Which one of the following is the most common instance leading to breakdown of marriage:
(E) All of the above
- Which of the following cases are related to Sec. 13(1A) of Hindu Marriage Act, 1955
(A) Saroj Rani v. S. K Chadha
(B) T. Srinivas v. T. Varalakshmi
(C) Dharmendra Kumar v. Usha Kumar
(D) All the above
(E) None of the above
- Where after passing of the decree for Restitution, one of the spouse not only non-complied with it but ill-treated the other spouse also and then moved the court under section 13(1A) (ii)
(A) His petition would fail.
(B) His petition would not fail as there is irretrievable breakdown of marriage and the petitioner is availing a legal right.
(C) His petition would fail as he is taking advantage of
his own wrong.
(D) None of the above.
- Saroj obtained a degree for judicial separation in 1999 against her husband Dharmendra, on the ground of cruelty. In August, 2000, Saroj came to know from the local newspaper that Dharmendra had been arrested by the police for assaulting a public servant on duty. Pending the police-case against him, in September 2000, Dharmendra titled a petition for divorce against Saroj under Section 13(1A). Will Dharmendra succeed?
(A) No, because Dharmendra is having a police case against him
(B) No, because Dharmendra was guilty of cruelty, one cannot take advantage of one’s own wrong
(C) Yes, Dharmendra can ask for divorce under section 13(1A) since more than one year have elapsed after the passing of the decree of judicial separation and cohabitation has not been resumed.
(D) None of the above.
- Sec. 13(1A) which provides the grounds of irretrievable breakdown of marriage, lays down that either party to a marriage may present a petition for divorce decree on the ground
(A) That there has been no resumption of cohabitation
for a period of 1 year or upward after the passing of decree for judicial separation
(B) That there has been no restitution of conjugal rights for a period of 1year or upward after the passing of a decree for restitution.
(C) Either (a) or (b)
(D) Neither (a) nor (b)
ANSWER 1. (B) 2. (C) 3. (B) 4. (D) 5. (C) 6. (C) 7. (C)