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Under which of the following Sections of the Hindu Marriage Act, 1955, husband and wife may file a…

Section 13B provides divorce by mutual consent on a joint petition where the spouses have lived separately for at least one year, cannot live together and agree to…

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Under which of the following Sections of the Hindu Marriage Act, 1955, husband and wife may file a petition of divorce by mutual consent?

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Correct answer D

Section 13B provides divorce by mutual consent on a joint petition where the spouses have lived separately for at least one year, cannot live together and agree to dissolution. Its second-motion procedure requires continuing consent and a judicial decree; private consent alone does not dissolve the marriage. Sections 9, 10 and 11 concern restitution of conjugal rights, judicial separation and void marriages respectively.

Current law: In Amardeep Singh (2017), the Supreme Court held that the six-month interval in section 13B(2) is directory and can be waived by the court where justified, considering failed reconciliation, settlement and the futility of further delay. This is a discretionary waiver of the second-motion interval, not an automatic waiver of the one-year separation condition in section 13B(1).

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