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Question

Which of the following has not yet been statutorily recognized as a theory of divorce under the Hindu Marriage Act, 1955 ?

The correct answer is
Will Theory

Hindu Marriage Act: Recognized Divorce Theories

The Hindu Marriage Act, 1955, outlines specific grounds for divorce. Let's examine the options provided:

  • Fault Theory: This is recognized. The Act lists several fault-based grounds for divorce, such as adultery, cruelty, desertion, conversion, mental disorder, etc., under Section 13(1).
  • Breakdown Theory: While not explicitly named 'Breakdown Theory', the Act incorporates elements of it. For instance, Section 13(1)(ib) allows divorce on grounds of non-resumption of cohabitation after a decree for judicial separation or restitution of conjugal rights, indicating a breakdown. Section 13(1A) also allows divorce on grounds of desertion or cruelty after specific periods, reflecting breakdown.
  • Mutual Consent Theory: This is statutorily recognized under Section 13B of the Act. It allows either party to present a petition for divorce by mutual consent, provided they have lived separately for at least one year.
  • Will Theory: This theory suggests that divorce should be permissible based solely on the will of one party, without needing specific fault or breakdown grounds. This is not a statutorily recognized ground under the Hindu Marriage Act, 1955.

Conclusion on Will Theory

Therefore, the theory that has not yet been statutorily recognized as a specific ground for divorce under the Hindu Marriage Act, 1955, is the Will Theory.

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Important Questions from Hindu Law

  1. Which of the following is not correct under Section 8 of Hindu Succession Act 1956? The property of a Hindu male dying intestate shall devolve
  2. Which sections of Hindu Marriage Act 1955 deal with matrimonial remedy of divorce?
    (a) Section 13
    (b) Section 13 (1-A)
    (c) Section 17
    (d) Section 13-B

    Choose the correct option :
  3. Read the following statement in the light of Hindu Adoption and Maintenance Act 1956:
    (a) Section 7 deals with capacity of a male Hindu to take in adoption
    (b) Section 13 deals with valid adoption not to be cancelled
    (c) Section 12 deals with effect of adoption
    (d) Section 15 deals with right of adoptive parents to dispose off their properties

    Choose the correct option :
  4. Match List I and List II

     

     

    List I

    (Section of Hindu Marriage Act 1955)

     

    List II

    (Provision)

    (a)Section 5 (i)(i)Ceremonies of Hindu Marriage
    (b)Section 7(ii)Marriageable age
    (c)Section 8(iii)Monogamy
    (d)Section 5 (iii)(iv)Registration of Marriage



    Choose the correct option from those given below :

  5. Arrange the provisions of Hindu Succession Act 1956 in chronological order (Section wise)

    (a) Presumption in case of simultaneous death
    (b) Failure of heirs
    (c) Act not to apply to certain properties
    (d) Full blood preferred to half blood

    Choose the correct option :
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