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Six months waiting period in section 13B(2) of Hindu Marriage Act for divorce by Mutual Consent not mandatory

Six months waiting period in section 13B(2) of Hindu Marriage Act for divorce by Mutual Consent not mandatory

Amardeep Singh Vs Harveen Kaur

Supreme Court

12/09/2017

CIVIL APPEAL NO. 11158 OF 2017 (Arising out of Special Leave Petition (Civil)No. 20184 of 2017)

About/from the judgment:

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory!

 

Conditions in which Court can waive waiting period of six months, analysed!

 

Period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

Supreme Court waived of six month's mandatory period for mutual consent divorce under Section 13B(2) of the Hindu Marriage Act, 1955

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