Question

Under Christian Law, non-compliance of decree of Restitution of Conjugal Rights shall act as one of the grounds for divorce after how many years of passing of decree?

• A. 3 Years
• B. 2 Years
• C. 4 Years
• D. 1 Year

Hint:

The waiting period after an RCR decree to file for divorce was reduced from 2 years to 1 year by the 2001 amendment to the Indian Divorce Act, bringing it in line with other personal laws.

Answer 1

The Correct Option is D

Step 1: Understand Restitution of Conjugal Rights (RCR).
An RCR decree is a court order directing a spouse who has withdrawn from the society of the other without reasonable excuse to return and cohabit.

Step 2: Know the governing law for Christians.
Divorce for Christians in India is governed by the Indian Divorce Act, 1869.

Step 3: Identify the relevant provision and amendment.
Originally, the Act required a waiting period of two years after an RCR decree before divorce could be sought on this ground.
However, the Indian Divorce (Amendment) Act, 2001, made significant changes to modernize the law.
The amended Section 10(1)(x) states that a petition for divorce can be filed if there has been no restitution of conjugal rights for a period of one year or upwards after the passing of a decree for RCR.