03 February 2024

Daily practice questions for CLAT - (03 February 2024)



While upholding divorce of a couple on the ground of cruelty by wife, the Delhi High Court has observed that pressurising the husband to fulfil "distant and whimsical dreams" not within his financial reach may create a sense of "persistent dissatisfaction" which would be sufficient mental strain to drain the contentment and tranquilly out of any married life. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that a "wife should not be a constant reminder of one's financial limitations and said that one must tread carefully between the needs, wants and desires. The bench dismissed an appeal moved by a wife challenging a family court order granting her divorce from the husband on the ground of cruelty by her and for no restitution of conjugal rights for one year after passing of the decree to that effect. Upholding the divorce, the court observed that various incidents narrated by the husband towards the overall conduct and a "non-adjusting attitude of the wife, who lacked maturity to even sort out the differences with him, led to the "irresistible conclusion" that such conduct was bound to cause a grave apprehension in his mind, disrupting his mental equilibrium. "Though these incidents may seem to be innocuous, insignificant or trifling when considered independently, but when such conduct prevails over a period of time, it is bound to create mental stress of the kind, which makes it impossible for the parties to survive in their matrimonial relationship..." the court said. It added: "We therefore conclude that the learned Judge, Family Court, has rightly held that the respondent was subjected to cruelty, to grant divorce under Section 13 1 (ia) of the HMA." The bench also upheld the divorce under Section 13 (1A) ii) of the Hindu Marriage Act, which provides that in case there is no restitution o conjugal rights despite a decree under Section 9 for a period of one year, either party can seek dissolution of marriage. "The very fact that Section 13 (1A) (ii) of the Hindu Marriage Act, ensures to the benefit of "either party" clearly implies that in case of non-compliance of a Decree under Section 9 of the HMA, either party is entitled to seek divorce on this ground and the Judgment Debtor cannot be precluded from exercising his right to avail the relief thereof. Section 23 cannot be interpreted in a way to completely render the remedy under Section 13 (1A) (ii).

Question1:- Rakesh and Usha are married. After 1 year of marriage Usha started demanding unusual things which was beyond the financial capability of Rakesh, despite of knowing the fact that Rakesh has some other financial liabilities before their marriage. This continued for 6 months after that Rakesh filed for divorce taking cruelty as a ground. Decide.
  • A. Rakesh will not be granted divorce, because it is husband’s customary duty to fulfil wife’s desire
  • B. Rakesh will be granted divorce, because pressuring one’s spouse to fulfil unusual desire that is beyond their financial reach is cruelty
  • C. Usha will be granted divorce, because Rakesh failed to fulfil her desire which he promised at the time of marriage rituals
  • D. Can’t be determined as facts are not clear.
Answer is B is correct. As provided in the passage above, it is observed that pressurising the husband to fulfil "distant and whimsical dreams" not within his financial reach may create a sense of "persistent dissatisfaction" which would be sufficient mental strain to drain the contentment and tranquilly out of any married life. Therefore it is sufficient ground for the divorce and Rakesh will be granted divorce on this ground. Hence, B is the correct option.
Question2:- A and B are married couples for 10 years, they have 2 kids out of their wedlock. B wanted to expand his business for which he needs to hire multiple employees including personal assistant. B employees C who is also married women. With the passing A and B both became good friends. A started doubting B that he is cheating on her with C and accused him of committing adultery. Decide
  • A. A can file for divorce as she caught B committing adultery
  • B. A cannot file for divorce as she has no strong evidence to prove that B is committing adultery
  • C. B can file for divorce as he has been falsely accused for committing adultery
  • D. B cannot file for divorce on the ground of adultery
Answer is C is correct. The day to day situations in a matrimonial life creates an ambiguity within the couples to lead their life with each other peacefully. Although there is no such exhaustive definition to what all condition would lead to an offence of cruelty but if we go through a case of marital abuse happening around us, then we can conclude of certain conditions such as:

  • o The physical violence on the spouse.
  • o Having affairs or committing adultery with not just the spouse’s knowledge but even publically accepting it.
  • o And also in cases where either of the spouses is falsely accused of committing adultery.
  • o The constant manifestation of agony, rage with the addition of yelling or abusing at the spouse.
Hence, C is the correct option.
Question3:- X and Y were married and had given birth to Z. On the birth of Z, X came down to stay with her parents. Z was taken care of by X’s parents. Y comes to visit Z on some occasions. However, X was absent from taking care of her child and spending time with her husband. Major conflicts arose between X and Y within a year and X did not return with her child to Y. And thus, they lived separately. Meanwhile, Z turned two years old when X was granted the decree of judicial separation. Decide who can present a petition for the dissolution of marriage.
  • A. X can present a petition for dissolution of marriage on the ground that cohabitation was not resumed for one year after the decree for judicial separation was passed.
  • B. X has no right to file a petition for dissolution of marriage on the ground that a decree of judicial separation had been granted.
  • C. Both X and Y have the right to file a petition for dissolution of marriage on the ground that after a decree for judicial separation was granted, X and Y did not cohabit for more than 1 year.
  • D. Y cannot file a petition for dissolution of marriage as a decree for judicial separation has been already granted.
Answer is C is correct. Section 13(1A) of the Hindu Marriage Act 1955, states that either party to the marriage has the right to present the petition for dissolution of marriage by a decree of divorce on the ground that there has been no resumption of cohabitation between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation. Therefore, in the above case, even though X and Y bore a child, soon after his birth, X was living separately with her parents. Meanwhile, their child has turned 2 when X obtained a decree for judicial separation. Hence, c) is the correct answer.
Question4:- A, eloped with B to get married. A and B got married at a religious place. 2 years after their marriage, B started seeing another partner and neglected A. A and B used to have serious fights where both of them abused each other verbally and physically. A few months later, A discovered that B was cheating on her by getting involved sexually with another partner. Determine which of the following grounds can be used by A to seek divorce.
  • A. A can seek divorce on the ground that B abused her verbally.
  • B. A can seek divorce on the ground that B deserted her for 6 months.
  • C. A can seek divorce on the ground that B was involved in sexual intercourse with another person voluntarily.
  • D. A cannot seek divorce as she did not marry B under provisions of the Hindu Marriage Act, 1955
Answer is C is correct. The grounds for seeking a decree for divorce has been provided under Section 13 of the Hindu Marriage Act, 1955 states various grounds: one of which is that either of the party to the marriage, after the solemnisation of marriage, has voluntary sexual intercourse with another person, other than his or her spouse. Therefore, according to the above-mentioned facts, A can seek a decree for divorce from B on this ground. Hence, c) is the correct answer.