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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)?
  1. 6 months
  2. 1 year
  3. 2 years
  4. 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.

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