Hindu Marriage Act · 13B
Mutual Consent Divorce
Understanding the issue
Both husband and wife can jointly file for divorce if they have been living separately for at least one year and mutually agree that the marriage cannot continue. There is a 6-month cooling-off period.
Punishment
Court grants divorce after 6-month waiting period
Examples
- A and B have been living separately for 2 years and both agree to divorce. They can file under Section 13B.
The section as enacted
A petition for divorce may be presented by both parties together on the ground that they have been living separately for a period of one year or more.