What is section 13B 2 of Hindu marriage?
What is section 13B 2 of Hindu marriage?
The Act enabled the court to dissolve marriage on statutory grounds. By way of amendment in the year 1976, the concept of divorce by mutual consent was introduced. However, Section 13B(2) contains a bar to divorce being granted before six months of time elapsing after filing of the divorce petition by mutual consent.
What is Section 13 A of Hindu Marriage Act?
Section 13(1A) in The Hindu Marriage Act, 1955. (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
What is 13B in divorce case?
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on …
Can the statutory period within Section 13B of Hindu Marriage Act be waived off?
Harveen Kaur, (2017) 8 SCC 746, wherein the Court dealing with the matter, if a case was made out to waive statutory period under Section 13-B(2), it can do so after considering the following: “(i)statutory period of six months specified S. 13-B(2), in addition to statutory period of one year under S.
What is 13B petition?
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the …
How can I waive my cooling 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 husband filed case against wife?
Section 506 of IPC, 1860: Punishment for Criminal Intimidation The husband can file a case against his wife, claiming that she threatens him to hurt himself or his family or property. Yet again, the evidence is the only thing which can uphold his case.
What is the section 13?
Section 13 in The Hindu Marriage Act, 1955. [(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
What is cooling period in divorce?
Under Section 13B, when a couple files for divorce with mutual consent, they first have to establish a 12-month separation period, which is then followed by a “cooling-off” period of six months. However, the Supreme Court had in 2020 ruled that on case-to-case basis, this period can be waived.
How can I waive my 6 month period?
What is divorce cooling off period?
What is Section 13B of the Hindu Marriage Act 1955?
Section 13B in The Hindu Marriage Act, 1955. 27 [ 13B Divorce by mutual consent. (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the
What is interregnum period in Section 13B?
(i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR 2003 Raj 155.
When did the Hindu Marriage Act come into effect?
Hindu Marriage Act,1955 And Special Marriage Act, 1954 Mahesh Belwal vs Poonam Belwal on 19 February, 2020 Laxmibai Laxmichand Shah vs Laxmichand Ravaji Shah on 30 March, 1967 [Complete Act] User Queries mental cruelty solemnisation of marriage mental disorder divorce decree air 2003 “cohabitation” desertion
Who is entitled to decree of divorce under Section 13?
Husband is entitled to decree of divorce; Sadhana Srivastava v. Arvind Kumar Srivastava, AIR 2006 All 7. (iii)The expression Cruelty as envisaged under section 13 of the Act clearly admits in its ambit and scope such acts which may even cause mental agony to aggrieved party.
