Hindu Marriage Act, 1955 — Section 13-B

May 8th, 2013

Hindu Marriage Act, 1955 — Section 13-B — Divorce by mutual consent — Cooling period of six months — Scope and object of — Discussed.

HELD: The Section itself provides for a cooling period of six months on the first motion being moved, in the event the parties changed their minds during the said period. Accordingly, after the initial motion and the presentation of the petition for mutual divorce, the parties are required to wait for a period of six months before the second motion can be moved, and at that point of time, if the parties have made up their minds that they would be unable to live together, the Court, after making such inquiry as it may consider fit, grant a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

It is no doubt true that the Legislature had in its wisdom stipulated a cooling period of six months from the date of filing of a petition for mutual divorce till such divorce is actually granted, with the intention that it would save the institution of marriage.

Devinder Singh Narula v. Meenakshi Nangia[Bench Strength 2], Civil Appeal No.5946/2012 (Arising out of SLP(C)No.21084/2012)(22/08/2012), 2012(4) SCV(Civil) 163: 2012 AIR(SC) 2890: 2012(8) SCC 580: 2012(7) JT 519: 2012(7) SCALE 473: 2012(6) Supreme 243: 2012(6) SLT 308 [Altamas Kabir, J.: J. Chelameswar, J.]

Entry Filed under: Judgements,Matrimonial Laws