Family and Marriage Law

Option (1) is incorrect: Under Section 13B of the Hindu Marriage Act, 1955, both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Option (2) is incorrect: Under Section 13B of the Hindu Marriage Act, 1955, both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Option (3) is correct: No such provision has been laid down under Section 13B of the Act. Option (4) is incorrect: Under Section 13B of the Hindu Marriage Act, 1955, both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Option (3) is correct: Adultery by a Hindu husband is not only ground of divorce under Section 13 of the Hindu Marriage Act, but also a ground of judicial separation under Section 10 of the Hindu Marriage Act.

Option (2) is correct: Any marriage solemnised after the commencement of this Act shall be null and void, if it contravenes the conditions specified in clauses (iv) of Section 5.

Option (3) is correct: Actus reus under Section 497, i.e. adultery, relates to person.

Option (1) is correct: Naveen Kohil vs. Neelu Kohli’s case dealt with irretrievable breakdown of marriage.

Option (3) is correct: Section 112 of the Evidence Act states that if a child is born within 280 days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child.

Option (2) is correct: A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 if the husband has been insane for a period of two years.

Option (3) is correct: If the marriage has not been consummated, Iddat has to be observed in case of both death of husband and divorce.

Option (4) is correct: Section 12(i) of the Hindu Marriage Act provides where marriage is not consummated due to impotency of husband or wife, the marriage will be voidable at the option of petitioner.

Option (1) is correct: Judgements, orders or decrees are irrelevant unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act. So, judgement against B is irrelevant against C.

Option (2) is correct: Where a Hindu male and Hindu female contract their marriage under the Special Marriage Act, 1954, Hindu personal law does not apply.

Option (1) is correct: If a person having a wife living marries another woman, such marriage is void. The condition is defined u/s 5(i) of Hindu Marriage Act called monogamy.

Option (1) is incorrect: Section-12(1) (a) of Hindu Marriage Act deals with impotency of the respondent. Option (2) is incorrect: Section-12(1) (b) of Hindu Marriage Act deals with bigamy. Option (3) is incorrect: Section-12(1) (c) of Hindu Marriage Act deals with unlawful consent for marriage. Option (4) is correct: Section-12(1) (d) of Hindu Marriage Act deals with the fact that if the respondent was, at the time of the marriage, pregnant by some person other than the petitioner, then it is a ground for voidable marriage.

Option (2) is correct: U/s 2(6) of Dissolution of Muslim Marriage Act, 1939, a woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage if the husband has been insane for a period of two years.

Option (3) is correct: Khula is a form of divorce by agreement. Under this, the husband agrees to give talaaq on the condition to return back to him the money he gave his wife at the time of marriage as dower.