EDUCATION (CBSE/UGC NET)

EDUCATION UGC NET

EDUCATIONAL SOCIOLOGY

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
According to the Hindu Marriage Act of 1955, a wife can seek divorce if her husband
A
Is guilty of adultery
B
Beats her occasionally
C
Does not speak to her
D
Is regularly away from home
Explanation: 

Detailed explanation-1: -Section 10 of the Hindu Marriage Act, 1955, says adultery is defined as a ground for judicial separation. The section states that the parties can file a decree for judicial separation or divorce because they are mentioned under Section 13(1) of the act.

Detailed explanation-2: -(i) Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger.

Detailed explanation-3: -You can petition for divorce for adultery at any time It is not uncommon for a married couple to try and carry on even after 1 of them has committed adultery. In some situations, spouses are able to work through their issues, but it is also completely understandable to choose to divorce.

Detailed explanation-4: -17 Punishment of bigamy.-Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

Detailed explanation-5: -Under the fault theory, marriage can be dissolved only when either party to the marriage had committed a matrimonial offence. Under this theory it is necessary to have a guilty and an innocent party and only innocent party can seek the remedy of divorce.

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