All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
7.

The Hindu Marriage Act, 1955 ________ petition in which a decree of restitution of conjugal rights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution of conjugal rights as between parties of marriage for a period of one year or upwars after passing of the decree.

A: Does not permit any party to that
B: Does not permit the party against whom the
C: Does permit any party to that
D: Does permit any person related to either party to that

The answer is: C

Explanation

The correct option is C: Does permit any party to that.

According to Section 13(1A) of the Hindu Marriage Act, 1955, either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

Therefore, the Hindu Marriage Act, 1955 does permit any party to a petition in which a decree of restitution of conjugal rights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution of conjugal rights as between the parties of marriage for a period of one year or upwards after passing of the decree.