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Without a waiver, what minimum period must elapse after presentation of a mutual-consent divorce…

Section 13B(2) ordinarily requires six months before the second joint motion. The Supreme Court held in Amardeep Singh v. Harveen Kaur that the court may waive the period in…

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Without a waiver, what minimum period must elapse after presentation of a mutual-consent divorce petition before the second joint motion under section 13B(2) of the Hindu Marriage Act, 1955?

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Answer and explanation

Correct answer A

Section 13B(2) ordinarily requires six months before the second joint motion. The Supreme Court held in Amardeep Singh v. Harveen Kaur that the court may waive the period in a suitable case.

Option feedback

Option A

The statutory minimum for the second motion is six months in the absence of waiver.

Option B

Two months falls short of the statutory default.

Option C

The one-year separation requirement concerns the first petition under section 13B(1).

Option D

Three months falls short of the statutory default.

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