All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

The correct option is A: Restitution of Conjugal Rights.

This is because Section 9 of the Hindu Marriage Act, 1955 deals with the restitution of conjugal rights, which means the right of a spouse to resume the marital relationship with the other spouse who has withdrawn from the society of the other without any reasonable excuse. According to this section, the aggrieved spouse can file a petition in a district court for the restitution of conjugal rights, and the court can grant a decree for the same if it is satisfied that there is no legal ground to deny the application. The purpose of this section is to preserve the sanctity of marriage and to prevent its breakdown by encouraging the spouses to live together and perform their marital duties.

Option B is incorrect because Section 11 of the Hindu Marriage Act, 1955 deals with void marriages, which means marriages that are null and void ab initio (from the beginning) and have no legal validity. According to this section, any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5. These conditions are:

- Neither party has a spouse living at the time of the marriage;
- The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
- The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Option C is incorrect because Section 10 of the Hindu Marriage Act, 1955 deals with judicial separation, which means a legal status where the spouses are still married but live separately and do not have marital obligations towards each other. According to this section, either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented. These grounds include:

- Adultery;
- Cruelty;
- Desertion;
- Conversion;
- Unsoundness of mind;
- Leprosy;
- Venereal disease;
- Renunciation;
- Presumption of death.

Option D is incorrect because Section 13 of the Hindu Marriage Act, 1955 deals with grounds of divorce, which means legal reasons for dissolving a marriage and terminating the marital relationship permanently. According to this section, 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 any of the grounds mentioned in sub-section (1) or sub-section (2), as applicable. These grounds include:

- Adultery;
- Cruelty;
- Desertion;
- Conversion;
- Unsoundness of mind;
- Leprosy;
- Venereal disease;
- Renunciation;
- Presumption of death.