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  • Which of the following conditions is applicable to a divorce petition fi

Which of the following conditions is applicable to a divorce petition filed on the grounds of mutual consent under the Hindu Marriage Act, 1955?

 

Option: 1

Prior to filing, the parties had to be separated for at least a year.


Option: 2

Before the divorce is granted, the parties are required to attend mandatory marital counselling


Option: 3

After the divorce judgement is granted, the parties can wed again right away.


Option: 4

 In order to validate their agreement to divorce, the parties must show that one of them committed adultery


Answers (1)

best_answer

Divorce by mutual consent is permitted under Section 13B of the Hindu Marriage Act of 1955. The parties must have maintained that they could not cohabitate and had mutually decided that their marriage should be dissolved for a period of one year or more in order to file such a petition. Option B is deceptive because, despite frequently being advised, counselling is not a requirement under the Act. Option C is erroneous because there must be a waiting period before either couple can remarry following a divorce by mutual consent. Option D is completely false; no evidence of adultery is necessary for a divorce by mutual consent, which indicates that both couples agree to the split without assigning blame. hence option A is the correct option.

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Gaurav

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