Section 13b 2 Of Hindu Marriage Act
Mandatory In 2020
Six Months Waiting Period In Section 13b 2 Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory Sc Read Judgment Hindu Marriage Act Trial Court Court
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The husband and the wife have agreed not to live with each other they can file a petition in the family court of the district for the same.
Section 13b 2 of hindu marriage act. Consent is mandatory or can be relaxed in any exceptional. The provisions for divorce by mutual consent are. Section 13 2 in the hindu marriage act 1955.
Provided that in either case the other wife. In the first motion the court will hear the matter and allow six months time for the couple to reconcile or to take final decision for divorce. Section 13b divorce by mutual consent.
Section 13b in the hindu marriage act 1955. Motion for passing decree of divorce on the basis of mutual. It means that if both the parties i e.
27 13b divorce by mutual consent. The husband and wife with mutual consent can file a divorce petition after one year of the marriage under the provisions of section 13b of the hindu marriage act 1955. Section 13b 2 in the hindu marriage act 1955.
There are two petitions to be filed in the court. Section 13b 2 of the hindu marriage act 1955 the act for a. Holding that the minimum period of six months stipulated under section 13b 2 of the hindu marriage act 1955 for a motion for passing decree of divorce on the basis of mutual consent is not mandatory is not mandatory but directory the bench of ak goel and uu lalit jj said that it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative.
If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. 2 a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground. 2 on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub section 1 and not later than eighteen months after the said date if the petition is not withdrawn in the meantime the court shall on being satisfied after hearing the parties and after making such inquiry as it thinks fit that a marriage has been solemnised and that the averments in the petition.
