Divorce — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Under the fault theory of divorce, the petitioner must prove:

   • That the respondent committed a specific matrimonial offence (correct answer)
   • That the marriage has broken down
   • That both parties consent to divorce
   • Nothing, divorce is granted automatically

   Explanation. The fault theory requires proof of a specific matrimonial offence committed by the respondent.

2. Which of the following is NOT currently a ground for divorce under Section 13(1)?

   • Virulent and incurable leprosy (correct answer)
   • Cruelty
   • Desertion for two years
   • Conversion to another religion

   Explanation. Section 13(1) now lists adultery, cruelty, desertion for two years, conversion, mental disorder, communicable venereal disease, renunciation of the world and presumed death. Leprosy is not among the grounds.

3. How many special grounds does section 13(2) give to a wife?

   • Four (correct answer)
   • Two
   • Three
   • Five

   Explanation. Section 13(2) gives a wife four more grounds: pre-1955 polygamy of the husband, rape, sodomy or bestiality by him, non-cohabitation for a year after a maintenance decree, and repudiation of a marriage solemnized before she was fifteen.

4. Which of the following is a special ground of divorce available only to the wife under Section 13(2)?

   • The husband's pre-Act marriage to another wife still living (correct answer)
   • Adultery by the husband
   • Cruelty by the husband
   • Desertion by the husband

   Explanation. Pre-1955-Act bigamy by the husband, where the other wife is still alive, is a special ground under Section 13(2).

5. The "option of puberty" allows a wife to repudiate her marriage if it was solemnised:

   • Before she turned fifteen, and she repudiates it after fifteen but before eighteen (correct answer)
   • After she turned eighteen
   • Without her father's consent
   • Without registration

   Explanation. The option of puberty applies where marriage occurred before age 15, repudiated after 15 but before 18.

6. In Dastane v. Dastane (1975), the Supreme Court held that cruelty must be proved on:

   • The ordinary civil standard of preponderance of probabilities (correct answer)
   • Proof beyond reasonable doubt
   • A fixed universal definition
   • The respondent's own admission only

   Explanation. Dastane v. Dastane fixed the ordinary civil standard of proof for cruelty.

7. Section 13(1A) allows either spouse to seek divorce based on:

   • Non-resumption of cohabitation for 1+ year after a judicial separation or restitution decree (correct answer)
   • Adultery only
   • Mutual consent
   • Conversion only

   Explanation. Section 13(1A) permits divorce based on non-resumption of cohabitation after Sec. 9 or Sec. 10 decrees.

8. The Hindu Marriage Act, 1955 is primarily built on which theory of divorce?

   • Fault theory (correct answer)
   • Breakdown theory
   • Consent theory only
   • No theory, it is arbitrary

   Explanation. The Act is primarily built on the fault theory, with consent theory added later via Section 13-B.

9. In Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench held that the Supreme Court can dissolve a marriage under:

   • Section 13(1)(ia) of the Hindu Marriage Act
   • Article 142 of the Constitution, on irretrievable breakdown (correct answer)
   • Section 10 of the Hindu Marriage Act
   • Section 25 of the Hindu Marriage Act

   Explanation. Irretrievable breakdown is not a statutory ground, but the Supreme Court can dissolve a marriage directly under Article 142.

10. Samar Ghosh v. Jaya Ghosh (2007) gave:

    • A complete list of cruelty
    • Non-exhaustive illustrations of mental cruelty (correct answer)
    • A definition of desertion
    • The test for adultery

    Explanation. The Court gave illustrations, not a complete list, and said each marriage must be judged on its own facts.

11. Under Section 13-B(1), the parties must have been living separately for at least:

    • One year (correct answer)
    • Six months
    • Two years
    • Three years

    Explanation. Section 13-B(1) requires the parties to have lived separately for one year or more.

12. What is the minimum and maximum gap prescribed between the first and second motions under Section 13-B(2)?

    • 6 to 18 months (correct answer)
    • 3 to 6 months
    • 1 to 2 years
    • There is no gap

    Explanation. Section 13-B(2) prescribes a gap of not less than 6 months and not more than 18 months between the motions.

13. Section 14 of the Hindu Marriage Act bars presentation of any divorce petition within:

    • One year of the date of marriage (correct answer)
    • Six months of the date of marriage
    • Two years of the date of marriage
    • There is no such bar

    Explanation. Section 14 bars filing any divorce petition within one year of the marriage, save exceptional circumstances.

14. In Sureshta Devi v. Om Prakash (1991), the Supreme Court held that mutual consent under Section 13-B must:

    • Continue until the decree is actually passed (correct answer)
    • Only exist at the time of filing the first motion
    • Be given in writing before marriage
    • Be irrevocable once given

    Explanation. Sureshta Devi held that mutual consent must subsist right up to the passing of the decree.

15. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month cooling-off period under Section 13-B(2) is:

    • Directory, and can be waived by the trial court itself (correct answer)
    • Mandatory in all cases
    • Waivable only by the Supreme Court
    • Not applicable to Hindus

    Explanation. Amardeep Singh held the period directory, waivable by the trial court itself in appropriate cases.

16. A couple that mutually agrees to divorce within three months of their marriage:

    • Cannot file even a mutual consent petition due to the Section 14 bar (correct answer)
    • Can file immediately under Section 13-B
    • Must wait only six months
    • Can file if both sign an affidavit

    Explanation. The Section 14 one-year bar applies regardless of mutual consent, so they cannot file yet.

17. If one spouse withdraws consent during the interim period between the two motions under Section 13-B, the court:

    • Cannot pass a decree of divorce by mutual consent (correct answer)
    • Must still pass the decree
    • Can force the withdrawing spouse to comply
    • Refers the matter to the Supreme Court

    Explanation. Withdrawal of consent before the decree means the court cannot pass a mutual consent divorce decree.

18. Under section 13A, on a divorce petition (other than on conversion, renunciation or presumed death), the court may grant instead:

    • Judicial separation (correct answer)
    • A decree of nullity
    • Restitution of conjugal rights only
    • Nothing, because only divorce can be granted

    Explanation. Section 13A allows the court to grant judicial separation instead of divorce, except on the grounds of conversion, renunciation of the world and presumed death.