MCQ 23 Nov 2023

Daily Static MCQs for CLAT Prelims Exams - (23 November 2023)



While allowing a petition filed by an estranged wife seeking divorce, the Supreme Court said that the word ‘cruelty’ under Section 13(1) (ia) of the Hindu Marriage Act gives wide discretion to Courts ‘to apply it liberally and contextually’. While interpreting the meaning of cruelty, the Court said that what is cruelty for a person, may not be cruelty for another and that the meaning has to be ascertained in its context. “It has to be applied from person to person while taking note of the attending circumstances.”, the Apex Court said. Referring to the Amending Act of 1976 of the HMA which introduced clauses (ia) and (ib) to Section 13 and Section 13A of the Act, that added various grounds for divorce, the Court observed that the Statement of Objects and Reasons of the Amendment Act makes it clear that the intention of the legislature was to liberalize the grant of divorce. On the question of burden of proof in cases of divorce, the Apex Court said that it lies on the petitioner. “However, the degree of probability is not one beyond reasonable doubt, but of preponderance.” The Court clarified. Forcing incompatible partners to stay together could cause more harm to the children, the Court observed: “The court must also keep in mind that the home which is meant to be a happy and loveable place to live, becomes a source of misery and agony where the partners fight. When there are children they become direct victims of the said fights, though they may practically have no role in the breakdown of marriage.” In the matter at hand, the Apex Court noted that for fifteen years, the parties had been living apart. The Apex Court acknowledged that the marriage was no longer viable, and the relationship had essentially ended, lacking only a formal divorce decree.

Question1:- Rajat and Rewa were married for 10 years and have two kids out of that wedlock. After few years of marriage Rajat witnessed Rewa’s toxic personality and her bad behaviour towards him and his parents including their children. When Rajat travelled to Bareilly for his in-law’s wedding anniversary celebration, there he caught Rewa in a compromising position with one of her college friend Anmol after which he returned back to his place and started living separately in a rented house with his family and also filed for the Divorce under the ground of cruelty and irretrievable breakdown of marriage. Can divorce be granted in such circumstances? Decide.
  • A. Rajat will not be granted divorce, as he alone cannot make decision of divorce before discussing with Rewa
  • B. Rajat will be granted divorce, as the Rewa’s toxic behaviour towards him and his family is a reasonable ground for divorce under Hindu Marriage Act, 1955
  • C. No divorce can be made as Hindu Marriage act does not allow to file divorce after 7 years of Marriage
  • D. Can’t be determined
Answer is B is correct. Section 13(i)(a) of the Hindu Marriage Act, 1955, relates to grounds for divorce for a Hindu spouse seeking to end their marriage. Specifically, this section allows for divorce on the grounds of cruelty. Here is the relevant text: Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty. This means that a spouse can seek a divorce if they can prove that the other spouse has treated them with cruelty. However, the term cruelty is not explicitly defined in the Hindu Marriage Act, and its interpretation can vary based on the circumstances of each case and the legal precedents established by the courts. Courts typically consider physical and mental cruelty when assessing divorce cases under this provision. Thus, B is the correct option.
Question2:-Suppose in above case facts, Rewa threatens Rajat that she will jump from the balcony if he takes any legal action against her in the form of Divorce. Is this a case of Cruelty and will Rajat be allowed for the Divorce decree under Hindu Marriage Act?
  • A. Yes, as threating to commit suicide by one partner to other partner amounts to cruelty and it can make a ground for filing divorce
  • B. No, because mere threat to commit suicide without even attempting does not amounts to cruelty and divorce ground can be made under such situation
  • C. No, because Rajat tortured Rewa in a such a manner that she was forced to commit suicide
  • D. None of the above
Answer is A is correct. It is evident that the attempt of the wife to commit suicide by attempting to jump from the balcony squarely amounts to mental cruelty... such an act of mental cruelty could not be looked upon lightly by the courts and is sufficient to entitle the husband to a decree of divorce. Thus, A is the correct option.
Question3:-Gaurav and Neha were married for few years. Neha has a genetic mental disorder which used to occur after every 3 years. After 3 years of successful marital bliss, Neha started showing symptoms of her mental disorder which Gaurav could not understand. He took Neha to the doctor, where doctor discloses her mental problem which is incurable in nature. Day by day Neha’s mental health worsens in such a manner that apprehended Gaurav that it is dangerous to live with Neha as she can even kill Gaurav in such mental state. Can this be made a ground of Divorce as cruelty under Hindu marriage act?
  • A. No, as Neha’s medical condition is temporary in nature
  • B. Yes, as Neha’s mental condition is incurable in nature which is dangerous for Gaurav’s life
  • C. No, because Neha is Gaurav’s wife and it is Gaurav’s responsibility to take care of her in every situation
  • D. Can’t be determined
Answer is B is correct. If any party to the marriage is suffering from an incurable mental disease and if this fact gives rise to a reasonable apprehension in the mind of the other party that it will be injurious and harmful to live with that party, then it is generally considered as a sufficient ground of cruelty. Thus, B is the correct option.
Question4:-Jay and Shefali are married for 25 years and have 2 kids from the marriage. Jay lost his job due to which Shefali started behaving differently with Jay and they both started fighting with each other on a daily basis in front of their kids which impacted their kids a lot and they parted their ways. After 15 years of separation Shefali filed for the divorce. Decide.
  • A. Shefali will be granted divorce decree because there was nothing left in their marriage to be restored
  • B. Shefali will not be granted divorce decree because 15 years of separation is enough so there is no need for the legal formality
  • C. Shefali will not be granted divorce decree because Jay’s consent was not taken before filing for the divorce
  • D. Can’t be determined
Answer is A is correct. In this case it must be kept in mind that the home which is meant to be a happy and loveable place to live, becomes a source of misery and agony where the partners fight. When there are children they become direct victims of the said fights, though they may practically have no role in the breakdown of marriage.” So, in this case it is noted that for fifteen years, the parties had been living apart it is acknowledged that the marriage was no longer viable, and the relationship had essentially ended, lacking only a formal divorce decree. Hence, A is the correct option.
Question5:-Which of the following is the landmark case related to “Cruelty” under Hindu Marriage Act, 1955?
  • A. Bilkis Bano vs State of Gujarat
  • B. Shayara Bano vs Union of India
  • C. Narayan Ganesh Dastane vs. Sucheta Narayan Dastane
  • D. All of the above
Answer is C is correct. Explanation: In a landmark case of Narayan Ganesh Dastane Vs. Sucheta Narayan Dastane in 1975. This led to an amendment in the Act where cruelty as a ground for divorce was added into the Act with the inclusion of legal definition to the term cruelty under this Act in 1976. Hence, C is the correct option.