Under section 13B(1) of the Hindu Marriage Act, 1955, what minimum period must the spouses have been…
Section 13B(1) sets a minimum of one year of living separately before presentation of the joint petition. Section 13B(2) deals with the later joint motion and its six-month…
Choose your answer
Under section 13B(1) of the Hindu Marriage Act, 1955, what minimum period must the spouses have been living separately before filing a joint petition for divorce by mutual consent?
Answer and explanation
Correct answer A
Section 13B(1) sets a minimum of one year of living separately before presentation of the joint petition.
Section 13B(2) deals with the later joint motion and its six-month interval. In Amardeep Singh v. Harveen Kaur, the Supreme Court held that the court may waive that interval in suitable cases.
Option feedback
Option A
The spouses must have lived separately for at least one year before presenting the joint petition.
Option B
Two years would satisfy the separation requirement, whose threshold is one year.
Option C
Three months falls short of the one-year separation requirement.
Option D
Six months is the usual post-presentation interval before the joint motion under section 13B(2), subject to waiver in suitable cases.
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