Judicial Separation — 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. Which section of the Hindu Marriage Act deals with judicial separation?

   • Section 10 (correct answer)
   • Section 9
   • Section 11
   • Section 13

   Explanation. Section 10 of the Hindu Marriage Act deals with judicial separation.

2. What is the primary legal effect of a judicial separation decree?

   • Parties are relieved of the duty to cohabit but the marriage subsists (correct answer)
   • The marriage is dissolved
   • Parties can remarry immediately
   • The marriage becomes void

   Explanation. Judicial separation releases the parties from the duty to cohabit, but the marriage continues to exist.

3. Under section 10(1), the grounds for judicial separation are:

   • The same as the grounds for divorce under Section 13 (correct answer)
   • Different from divorce grounds
   • Limited to cruelty only
   • Limited to desertion only

   Explanation. Either spouse may petition for judicial separation on any ground on which a divorce could be sought, and a wife may also use her special grounds in section 13(2).

4. Under Section 10(2), a decree of judicial separation can be:

   • Rescinded by the court if just and reasonable (correct answer)
   • Never changed
   • Automatically converted to divorce
   • Appealed only to the Supreme Court

   Explanation. Section 10(2) allows the court to rescind the decree if it considers it just and reasonable to do so.

5. If cohabitation is not resumed for one year after a judicial separation decree, this becomes a ground for divorce under:

   • Section 13(1A)(i) (correct answer)
   • Section 13(1A)(ii)
   • Section 13-B
   • Section 9

   Explanation. Non-resumption after judicial separation is covered by Section 13(1A)(i); the equivalent for restitution decrees is Section 13(1A)(ii).

6. Can either party remarry after a decree of judicial separation but before divorce?

   • No, the marriage still subsists (correct answer)
   • Yes, immediately
   • Yes, after 6 months
   • Only the husband can

   Explanation. Since the marriage still subsists after judicial separation, remarriage is not permitted.

7. The main difference between judicial separation and restitution of conjugal rights is:

   • Judicial separation relieves the duty to cohabit, while restitution compels resumption of cohabitation (correct answer)
   • They are identical remedies
   • Judicial separation ends the marriage
   • Restitution is only for wives

   Explanation. Judicial separation releases parties from cohabitation duties, while restitution compels resumption of it.

8. A wife suffering persistent cruelty who is not yet sure she wants to permanently end her marriage would most appropriately petition for:

   • Judicial separation (correct answer)
   • Restitution of conjugal rights
   • Void marriage declaration
   • Maintenance under Section 125 CrPC only

   Explanation. Judicial separation offers a formal pause without permanently ending the marriage, keeping reconciliation open.