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…
Choose your answer
Under which of the following Sections of the Hindu Marriage Act, 1955, husband and wife may file a petition of divorce by mutual consent?
Answer and explanation
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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