AIBE XVI — October 2021 — Q.1 (Hindu Marriage Act, 1955)

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Q.1

Family Law Medium Knowledge-Based

Bare Act Hindu Marriage Act, 1955 · Section 13(1A)(ii)

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 upwards after passing of the decree.

A Does not permit any party to that

B Does not permit the party against whom the

✓ Does permit any party to that Answer

D Does permit any person related to either party to that

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Explanation & Strategy

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Section 13(1A)(ii) HMA allows EITHER party to a marriage to seek divorce if conjugal rights haven't been restored for one year after a restitution decree. The key word is 'either party' — both the petitioner and respondent in the original restitution case can use this ground.

At a Glance

Subject Family Law

Difficulty Medium

Act Hindu Marriage Act, 1955

Section Section 13(1A)(ii)

Answer (C) Knowledge-Based

Paper AIBE XVI — October 2021

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