Divorce under Hindu Law Questions and Answers

Q: When a marriage has been dissolved by a decree of divorce under Hindu Marriage Act, 1955 and there is a right of appeal, the divorced persons may marry again:-

They may remarry after expiry of the time for appealing, without any appeal having been presented.Section 15 of the Hindu Marriage Act, 1955 provides that when a marriage has been dissolved by a decree of divorce and either there is no right of appeal, or the time for appealing has expired without an appeal being presented, or an appeal has been presented but dismissed, either party may marry again.The fixed periods of one or two months are not in the section; the earlier one-year bar on remarriage was removed in 1976. Marrying immediately after the decree, while an appeal is still possible, is exactly what the section prevents.

Q: Consider the following statements and choose the correct answer :Under The Indian Christian Marriage Act, 1872 :(I) A Christian marriage can take place at the house of the bride's mother(II) A marriage even if one of the parties is a Hindu cannot be dissolved by a decree of divorce under Sec-13 of Hindu Marriage Act.(III) When the marriage is performed beyond permissible hours and outside the church without the special licence is punishable.Codes :

The University's key gives statements I, II and III are correct. What could and could not be confirmed: the bare Act was not available to read, so the keyed answer rests partly on the key and partly on secondary summaries of the Act.Statement I: summaries of the Act say a Christian marriage may be solemnized in a church, in a private dwelling or before a marriage registrar, and a mother's house is a private dwelling, which fits the statement. Statement III: the Act confines solemnization to the hours between 6 in the morning and 7 in the evening (Section 10 in the summaries read), with exceptions for certain churches, and a marriage outside the permitted time or place without the licence the Act requires is an offence, which is the point of the statement. Statement II: the Hindu Marriage Act, 1955 applies to the marriages it governs between Hindus, so a marriage solemnized under the Christian Marriage Act is outside its Section 13 even when one party is a Hindu, and its dissolution lies under the Indian Divorce Act instead; this is reasoned from the two Acts' scope, not read from a source that states it.Options A, B and D each call at least one of the three statements wrong, so on this reading they fail. The section numbers and the wording of the licence provision were not confirmed.

Q: In which case the Supreme Court held that the second marriage of a person during the pendency of an appeal against a divorce decree would not be void in cases where the parties have decided not to pursue the appeal ?

The case is Anurag Mittal v Shaily Mishra Mittal.In this 2018 case the Supreme Court considered Section 15 of the Hindu Marriage Act, which allows remarriage after a divorce decree once the time for appeal has passed or an appeal has been dismissed. It held that a second marriage contracted during the pendency of an appeal is not void where the parties had decided not to pursue the appeal and it was later withdrawn; the bar in Section 15 is directory, not mandatory.In Lila Gupta v Laxmi Narain (1978) the Court had held that a marriage in breach of the old proviso to Section 15 was not void either, but that case concerned a different provision; Anurag Mittal is the one on the pending-appeal facts.

Q: Which one of the Acts made it mandatory to prove adultery on the part of the husband in addition to other matrimonial offences like cruelty, desertion, conversion or bigamy ?

The Act was the Indian Divorce Act, 1869.Under Section 10 of the Indian Divorce Act as originally enacted, a husband could seek divorce on the wife's adultery alone, but a Christian wife had to prove adultery by the husband coupled with another matrimonial offence, such as incestuous adultery, bigamy, cruelty, desertion for two years or conversion to another religion. This discrimination was removed by the Indian Divorce (Amendment) Act, 2001.The Special Marriage Act, the Dissolution of Muslim Marriages Act, 1939 and the Parsi Marriage and Divorce Act, 1936 did not impose this double requirement on the wife.

Q: Match the following and select the correct answer using the codes given below :List I (Cases)List II (Issues)(a) Dastane Vs. Dastane(i) Effect of conversion on marriage(b) Gita Hariharan Vs. RBI(ii) Guardianship(c) Sarla Mudgal Vs. UOI(iii) Maintenance(d) Bai Tahira Vs. Ali Hussain(iv) Divorce

The match is a-iv, b-ii, c-i, d-iii.Dastane v. Dastane (1975) laid down the standard of proof for cruelty as a ground of divorce. Gita Hariharan v. RBI (1999) read 'after' in section 6(a) of the Hindu Minority and Guardianship Act to let the mother act as natural guardian. Sarla Mudgal v. Union of India (1995) held that a Hindu husband converting to Islam to remarry commits bigamy. Bai Tahira v. Ali Hussain (1979) held a divorced Muslim wife entitled to maintenance under section 125 CrPC.Every other code pairs Dastane with something other than divorce or Bai Tahira with something other than maintenance.

Q: Which of the following does not come under the preview of Fault Theory of divorce ?

Mutual consent does not come under the fault theory.Under the fault (guilt) theory, divorce is granted only when one spouse has committed a matrimonial offence against the other, such as adultery, cruelty or desertion, giving the innocent spouse a ground.Divorce by mutual consent (section 13-B of the Hindu Marriage Act) requires no fault at all: both spouses agree that the marriage should end. It belongs to the consent theory, alongside the breakdown theory.

Q: The Court shall decide upon the divorce petition only after ......... of filing of divorce petition u/sec. 13B.

The court decides the petition only after 6 months.Section 13B(2) of the Hindu Marriage Act, 1955 provides that, on a motion of both parties made not earlier than six months and not later than eighteen months after the presentation of the petition for divorce by mutual consent, the court shall, after hearing them and making inquiry, pass a decree. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that this waiting period may be waived in suitable cases.One month, three months and one year are not the statutory period.

When a marriage has been dissolved by a decree of divorce under Hindu Marriage Act, 1955 and there is a right of appeal, the divorced persons may marry again:-

A.After expiry of 1 month from the decree of divorce.
B.Immediately after passing of the decree of divorce.
C.After expiry of 2 months from the decree of divorce.
D.After expiry of the time for appealing, without any appeal having been presented.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: D

They may remarry after expiry of the time for appealing, without any appeal having been presented.

Section 15 of the Hindu Marriage Act, 1955 provides that when a marriage has been dissolved by a decree of divorce and either there is no right of appeal, or the time for appealing has expired without an appeal being presented, or an appeal has been presented but dismissed, either party may marry again.

The fixed periods of one or two months are not in the section; the earlier one-year bar on remarriage was removed in 1976. Marrying immediately after the decree, while an appeal is still possible, is exactly what the section prevents.

Discuss in Forum

Consider the following statements and choose the correct answer :

Under The Indian Christian Marriage Act, 1872 :

(I) A Christian marriage can take place at the house of the bride's mother
(II) A marriage even if one of the parties is a Hindu cannot be dissolved by a decree of divorce under Sec-13 of Hindu Marriage Act.
(III) When the marriage is performed beyond permissible hours and outside the church without the special licence is punishable.

Codes :

A.Statement I is correct and II, III are incorrect.
B.Statements I, II are correct and III is incorrect.
C.Statements I, II, III are correct
D.Statement I is incorrect and II, III are correct.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: C

The University's key gives statements I, II and III are correct. What could and could not be confirmed: the bare Act was not available to read, so the keyed answer rests partly on the key and partly on secondary summaries of the Act.

Statement I: summaries of the Act say a Christian marriage may be solemnized in a church, in a private dwelling or before a marriage registrar, and a mother's house is a private dwelling, which fits the statement. Statement III: the Act confines solemnization to the hours between 6 in the morning and 7 in the evening (Section 10 in the summaries read), with exceptions for certain churches, and a marriage outside the permitted time or place without the licence the Act requires is an offence, which is the point of the statement. Statement II: the Hindu Marriage Act, 1955 applies to the marriages it governs between Hindus, so a marriage solemnized under the Christian Marriage Act is outside its Section 13 even when one party is a Hindu, and its dissolution lies under the Indian Divorce Act instead; this is reasoned from the two Acts' scope, not read from a source that states it.

Options A, B and D each call at least one of the three statements wrong, so on this reading they fail. The section numbers and the wording of the licence provision were not confirmed.

Discuss in Forum

In which case the Supreme Court held that the second marriage of a person during the pendency of an appeal against a divorce decree would not be void in cases where the parties have decided not to pursue the appeal ?

A.Lila Gupta Vs. Laxmi Naraian and others
B.Anurag Mittal Vs. Mrs. Shaily Mishra Mittal
C.Revanasiddappa Vs. Mallikarjun
D.K.S. Bhoopathy Vs. Kokila

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: B

The case is Anurag Mittal v Shaily Mishra Mittal.

In this 2018 case the Supreme Court considered Section 15 of the Hindu Marriage Act, which allows remarriage after a divorce decree once the time for appeal has passed or an appeal has been dismissed. It held that a second marriage contracted during the pendency of an appeal is not void where the parties had decided not to pursue the appeal and it was later withdrawn; the bar in Section 15 is directory, not mandatory.

In Lila Gupta v Laxmi Narain (1978) the Court had held that a marriage in breach of the old proviso to Section 15 was not void either, but that case concerned a different provision; Anurag Mittal is the one on the pending-appeal facts.

Discuss in Forum

Which one of the Acts made it mandatory to prove adultery on the part of the husband in addition to other matrimonial offences like cruelty, desertion, conversion or bigamy ?

A.Special Marriage Act, 1954
B.Indian Divorce Act, 1869
C.Dissolution of Muslim Marriage Act, 1939
D.Parsi Marriage and Divorce Act, 1936

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

The Act was the Indian Divorce Act, 1869.

Under Section 10 of the Indian Divorce Act as originally enacted, a husband could seek divorce on the wife's adultery alone, but a Christian wife had to prove adultery by the husband coupled with another matrimonial offence, such as incestuous adultery, bigamy, cruelty, desertion for two years or conversion to another religion. This discrimination was removed by the Indian Divorce (Amendment) Act, 2001.

The Special Marriage Act, the Dissolution of Muslim Marriages Act, 1939 and the Parsi Marriage and Divorce Act, 1936 did not impose this double requirement on the wife.

Discuss in Forum

Match the following and select the correct answer using the codes given below :

List I (Cases)	List II (Issues)
(a) Dastane Vs. Dastane	(i) Effect of conversion on marriage
(b) Gita Hariharan Vs. RBI	(ii) Guardianship
(c) Sarla Mudgal Vs. UOI	(iii) Maintenance
(d) Bai Tahira Vs. Ali Hussain	(iv) Divorce

A.a-i, b-ii, c-iii, d-iv
B.a-i, b-iii, c-iv, d-ii
C.a-iv, b-ii, c-i, d-iii
D.a-iii, b-i, c-ii, d-iv

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

The match is a-iv, b-ii, c-i, d-iii.

Dastane v. Dastane (1975) laid down the standard of proof for cruelty as a ground of divorce. Gita Hariharan v. RBI (1999) read 'after' in section 6(a) of the Hindu Minority and Guardianship Act to let the mother act as natural guardian. Sarla Mudgal v. Union of India (1995) held that a Hindu husband converting to Islam to remarry commits bigamy. Bai Tahira v. Ali Hussain (1979) held a divorced Muslim wife entitled to maintenance under section 125 CrPC.

Every other code pairs Dastane with something other than divorce or Bai Tahira with something other than maintenance.

Discuss in Forum

Which of the following does not come under the preview of Fault Theory of divorce ?

A.Adultery
B.Cruelty
C.Desertion
D.Mutual consent

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: D

Mutual consent does not come under the fault theory.

Under the fault (guilt) theory, divorce is granted only when one spouse has committed a matrimonial offence against the other, such as adultery, cruelty or desertion, giving the innocent spouse a ground.

Divorce by mutual consent (section 13-B of the Hindu Marriage Act) requires no fault at all: both spouses agree that the marriage should end. It belongs to the consent theory, alongside the breakdown theory.

Discuss in Forum

The Court shall decide upon the divorce petition only after ......... of filing of divorce petition u/sec. 13B.

A.1 month
B.3 months
C.6 months
D.1 year

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: C

The court decides the petition only after 6 months.

Section 13B(2) of the Hindu Marriage Act, 1955 provides that, on a motion of both parties made not earlier than six months and not later than eighteen months after the presentation of the petition for divorce by mutual consent, the court shall, after hearing them and making inquiry, pass a decree. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that this waiting period may be waived in suitable cases.

One month, three months and one year are not the statutory period.

Discuss in Forum

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Divorce under Hindu Law Questions and Answers

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Divorce under Hindu Law Questions and Answers

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