Question

Which of the following provisions of the Hindu Marriage Act, 1955 incorporates the fault theory of divorce?

• A. Section 13(1)
• B. Section 11
• C. Section 13B
• D. Section 13(2)

Hint:

Fault Theory = "It's your fault we're divorcing." The list of specific faults like cruelty, adultery, and desertion is found in Section 13(1) of the Hindu Marriage Act. Section 13B is the "no-fault" option (mutual consent).

Answer 1

The Correct Option is A

The "fault theory" of divorce requires one spouse (the petitioner) to prove that the other spouse (the respondent) has committed a matrimonial "fault" or offence. Section 13(1) of the Hindu Marriage Act, 1955, is the primary provision embodying this theory. It lists several fault-based grounds for divorce, such as adultery, cruelty, desertion, conversion to another religion, and incurable leprosy. In contrast, Section 13B provides for divorce by mutual consent (a no-fault theory), and Section 11 deals with void marriages. Section 13(2) gives additional fault-based grounds to the wife, but 13(1) is the general section for fault theory.