Divorce in India

Description: Divorce in India
Number of Questions: 15
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Tags: family law indian culture marriage
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What is the legal age for marriage in India?

  1. 18 years

  2. 21 years

  3. 16 years

  4. 14 years


Correct Option: A
Explanation:

The legal age for marriage in India is 18 years for both men and women, as per the Prohibition of Child Marriage Act, 2006.

Which of the following is NOT a ground for divorce in India?

  1. Adultery

  2. Desertion

  3. Cruelty

  4. Incompatibility


Correct Option: D
Explanation:

Incompatibility is not a ground for divorce in India. The grounds for divorce are specified in Section 13 of the Hindu Marriage Act, 1955, and include adultery, desertion, cruelty, and unsoundness of mind.

What is the minimum period of separation required for a divorce by mutual consent in India?

  1. 1 year

  2. 2 years

  3. 3 years

  4. 6 months


Correct Option: D
Explanation:

The minimum period of separation required for a divorce by mutual consent in India is 6 months, as per Section 13B of the Hindu Marriage Act, 1955.

Who has the power to grant a divorce in India?

  1. Family court

  2. High court

  3. Supreme court

  4. District court


Correct Option: A
Explanation:

Family courts have the power to grant a divorce in India. These courts are specifically established to deal with family-related matters, including divorce.

What is the most common type of divorce in India?

  1. Divorce by mutual consent

  2. Contested divorce

  3. Summary divorce

  4. Uncontested divorce


Correct Option: A
Explanation:

Divorce by mutual consent is the most common type of divorce in India. It is a process in which both spouses agree to the divorce and file a joint petition with the court.

Which of the following is NOT a consequence of divorce in India?

  1. Division of property

  2. Alimony

  3. Child custody

  4. Loss of citizenship


Correct Option: D
Explanation:

Loss of citizenship is not a consequence of divorce in India. Divorce does not affect the citizenship of either spouse.

What is the role of a divorce lawyer in India?

  1. Representing the client in court

  2. Providing legal advice

  3. Drafting legal documents

  4. All of the above


Correct Option: D
Explanation:

A divorce lawyer in India plays a crucial role in representing the client in court, providing legal advice, drafting legal documents, and assisting with the overall divorce process.

Which law governs divorce for Hindus in India?

  1. Hindu Marriage Act, 1955

  2. Special Marriage Act, 1954

  3. Indian Divorce Act, 1869

  4. None of the above


Correct Option: A
Explanation:

The Hindu Marriage Act, 1955 is the primary law that governs divorce for Hindus in India.

What is the concept of 'irretrievable breakdown of marriage' in the context of divorce in India?

  1. A situation where the marriage has broken down beyond repair

  2. A ground for divorce under the Hindu Marriage Act, 1955

  3. A legal term used in contested divorces

  4. None of the above


Correct Option: A
Explanation:

Irretrievable breakdown of marriage refers to a situation where the marriage has broken down beyond repair and there is no reasonable prospect of reconciliation.

Which of the following is NOT a factor considered by courts in determining child custody after divorce in India?

  1. Age of the child

  2. Preference of the child

  3. Financial stability of the parents

  4. Religious beliefs of the parents


Correct Option: D
Explanation:

Religious beliefs of the parents are generally not considered by courts in determining child custody after divorce in India.

What is the concept of 'alimony' in the context of divorce in India?

  1. Financial support provided by one spouse to the other after divorce

  2. A legal right of the wife to receive financial support from her husband

  3. A form of compensation for the loss of marital status

  4. None of the above


Correct Option: A
Explanation:

Alimony refers to financial support provided by one spouse to the other after divorce, typically to ensure the financial security of the dependent spouse.

Which of the following is NOT a ground for divorce under the Special Marriage Act, 1954?

  1. Adultery

  2. Desertion

  3. Cruelty

  4. Mutual consent


Correct Option: D
Explanation:

Mutual consent is not a ground for divorce under the Special Marriage Act, 1954. It is only available under the Hindu Marriage Act, 1955.

What is the time limit for filing a divorce petition in India?

  1. 1 year

  2. 2 years

  3. 3 years

  4. No time limit


Correct Option: D
Explanation:

There is no specific time limit for filing a divorce petition in India. However, it is advisable to file the petition within a reasonable time after the grounds for divorce have arisen.

Which of the following is NOT a type of divorce recognized in India?

  1. Divorce by mutual consent

  2. Contested divorce

  3. Summary divorce

  4. Dissolution of marriage


Correct Option: D
Explanation:

Dissolution of marriage is not a type of divorce recognized in India. Divorce refers to the legal termination of a marriage, while dissolution of marriage is a term used in certain other jurisdictions.

What is the role of a mediator in the divorce process in India?

  1. Assisting the spouses in reaching an amicable settlement

  2. Representing one of the spouses in court

  3. Providing legal advice to the spouses

  4. None of the above


Correct Option: A
Explanation:

A mediator in the divorce process in India plays a crucial role in assisting the spouses in reaching an amicable settlement, facilitating communication, and exploring options for resolving their disputes without going to court.

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