What is Section 13B?

What is Section 13B?

Section 13B, inserted in the Hindu Marriage Act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. Under Section 13B(1), a divorce petition can be moved by a couple following a judicial separation of one year.

What is Section 13 A?

Section 13A in The Hindu Marriage Act, 1955. 26 [ 13A Alternate relief in divorce proceedings. — In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section.

Can divorce by mutual consent be granted before statutory six month period?

The provision under Section 13B (2) of the Hindu Marriage Act contains a bar to divorce being granted before six months elapsing after filing of the divorce petition by mutual consent. …

How can I waive my 6 month period?

“In order to waive off the statutory waiting period of 6 months under Section 13B (2), the court needs to consider the following before making a decision: The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is …

Can wife claim maintenance after mutual consent divorce?

For a divorce, where the marital relations have been terminated by an agreement, the wife would be entitled to claim maintenance from her ex-husband as long as she remains unmarried or is unable to maintain herself.

How do I get a divorce in 6 months of marriage?

Therefore, couples cannot file a petition for mutual divorce within 6 months of getting married. As per Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, both parties can file for a mutual divorce only after living separately for a year.

What if divorce is not mutual?

In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

Can I get a divorce without my wife’s consent?

Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you do not need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.