Question

In a proceeding, on a petition for dissolution of marriage, under the Hindu Marriage Act,1955, the court cannot pass a decree for juducial separation , if the ground for seeking divorce is that the other party, after the solemnization of the marriage:

In a proceeding, on a petition for dissolution of marriage, under the Hindu Marriage Act,1955, the court cannot pass a decree for juducial separation , if the ground for seeking divorce is that the other party, after the solemnization of the marriage:

.

Option A: Had voluntary sexual intercourse withany person other than his/her spouse.
Option B: Has ceased to be Hindu by conversion to another religion.
Option C: Has been suffering from incurable leprosy
Option D: Has been suffering from incurable of unsoundness of mind

Correct Answer

Option: d

Explanation

Judicial separation.—1 [(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so

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