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NULLITY OF MARRIAGE AND DIVORCE

Section 13B: Divorce by mutual consent

The Hindu Marriage Act, 1955

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

Leading cases

Questions on this section

9 questions in 15 of our papers cite Section 13B. Try these from the free papers:

  1. 1. Consider the following statements about the waiver of the period under Section 13B(2) of the Hindu Marriage Act, 1955, as explained in Amardeep Singh v. Harveen Kaur (2017): 1. The court may consider whether the one-year separation under Section 13B(1) and the six-month period under Section 13B(2) are already over before the first motion. 2. Only the Supreme Court, under Article 142, may dispense with the six-month period. 3. The court may consider whether the parties have genuinely settled their differences, including alimony and custody of any child. Which of the statements given above is/are correct?

  2. 2. Under Section 13B(2) of the Hindu Marriage Act, 1955, the second motion of both parties is to be made:

  3. 3. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the minimum period of six months stipulated in Section 13B(2) of the Hindu Marriage Act, 1955:

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