AIBE XIV — September 2019 — Q.84 (Hindu Marriage Act, 1955)

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Q.84

Family Law Medium Section in Options

Bare Act Hindu Marriage Act, 1955 · Sections 13(1), 13(2)

Which of the following provisions of the Hindu Marriage Act, 1955 incorporates the fault theory of divorce?

✓ Section 13(1) Answer

B Section 11

C Section 13B

D Section 13(2)

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Explanation & Strategy

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Section 13(1) HMA provides grounds for divorce available to both spouses (cruelty, desertion, conversion, unsound mind, leprosy, venereal disease, renunciation, presumed dead). Section 13(2) provides additional grounds available only to the wife. Both incorporate the fault theory.

1 Look up the referenced provision in Hindu Marriage Act, 1955 to verify the answer.

At a Glance

Subject Family Law

Difficulty Medium

Act Hindu Marriage Act, 1955

Section Sections 13(1), 13(2)

Answer (A) Section in Options

Paper AIBE XIV — September 2019

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