What is the statutory cooling-off period between the first motion and the second motion for divorce by mutual consent under Hindu law (Hindu Marriage Act, 1955)?
Question and options
What is the statutory cooling-off period between the first motion and the second motion for divorce by mutual consent under Hindu law (Hindu Marriage Act, 1955)?
- 6 months
- 1 year
- 2 years
- 3 years
Answer and explanation
Correct answer: A - 6 months
Under Section 13B(2), Hindu Marriage Act, 1955, the second motion for divorce by mutual consent may be made no earlier than 6 months after the petition is presented. The 1-year separation is a precondition for filing the petition, not the period between the motions, and the Supreme Court has held (Shilpa Sailesh v Varun Sreenivasan, 2023) that this statutory period may be waived in appropriate cases.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUSAT CAT M.Sc. Bioethics
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related question papers
Related exam syllabi
More solved explanations in Hindu Marriage Act, 1955
- Under the Hindu Marriage Act, 1955, within what period after discovering the fraud must a petition to annul a marriage on the ground of fraud be presented?
- Which of the following is not a ground of dissolution of marriage under the Hindu Marriage Act, 1955 ?
- A petition for divorce can not be presented in any court before the expiry of the period of
- Under which section of the Hindu Marriage Act, 1955, a Hindu marriage may be declared as void?
- Which section of the Hindu Marriage Act provides for restitution of conjugal rights?