Under section 13B(1) of the Hindu Marriage Act, 1955, what is the minimum period for which the spouses…
Section 13B(1) of the Hindu Marriage Act requires at least one year of living separately. The spouses must also have been unable to live together and must have mutually…
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Under section 13B(1) of the Hindu Marriage Act, 1955, what is the minimum period for which the spouses must have been living separately before jointly presenting a petition for divorce by mutual consent?
Answer and explanation
Correct answer B
Section 13B(1) of the Hindu Marriage Act requires at least one year of living separately. The spouses must also have been unable to live together and must have mutually agreed to dissolve the marriage. Section 13B(2) deals with the later motion.
Option feedback
Option A
The six-month period in section 13B(2) concerns the second motion and does not set the pre-filing separation requirement.
Option B
Section 13B(1) requires at least one year of living separately before presentation of the joint petition.
Option C
Eighteen months is the outer limit for the second motion in section 13B(2), measured from filing. The separation minimum is one year.
Option D
Two years exceeds the separation threshold under section 13B(1).
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