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Section 13B of the Hindu Marriage Act, 1955, is a provision that allows a couple to seek divorce by mutual consent in India. This section applies to marriages that are solemnized under the Hindu Marriage Act, 1955, and includes marriages among Hindus, Sikhs, Jains, and Buddhists.
Under Section 13B, a divorce can be granted on the following conditions:
- The couple has been living separately for a period of at least one year before filing the petition for divorce.
- The couple has not been able to live together and has mutually agreed to dissolve the marriage.
- The couple must present a joint petition for divorce before the court, stating that they have mutually agreed to dissolve the marriage.
- The court will then give a six-month waiting period for the couple to reconsider their decision and reconcile, after which the court may grant the divorce if the couple is still determined to dissolve the marriage.
Section 13B provides a simplified and mutually agreed process for obtaining a divorce in India. It is generally considered less time-consuming and less acrimonious than other forms of divorce. However, it is important to note that this provision only applies to couples who mutually agree to the divorce, and it is not applicable to cases where one spouse is contesting the divorce.
This provision applies to marriages registered under the Hindu Marriage Act, which includes Hindu, Jain, Sikh, and Buddhist marriages.
According to Section 13B, a couple seeking mutual divorce by mutual consent can file a joint petition before the court. The petition should state that both parties have been living separately for a period of one year or more and have not been able to reconcile their differences.
After filing the petition, the court may order a cooling-off period of six months to allow the couple to reconsider their decision. If the couple still wishes to proceed with the divorce after the cooling-off period, they may appear before the court again, and the court may grant a decree of divorce.
It is important to note that both parties must agree to the terms of the divorce, including issues such as child custody, alimony, and property division, before filing the joint petition. If either party withdraws their consent during the cooling-off period or before the final decree of divorce is granted, the divorce will not be granted.
Section 13B provides a relatively quick and simple way for couples to obtain a divorce if they mutually agree to do so. It is a useful provision for couples who wish to end their marriage without going through lengthy and acrimonious court battles.