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anupam_advocate (n/a)     13 February 2008

u/s 13 B hindu marriage act 1955 : -

u/s 13 B hindu marriage act 1955 : -

1.subject to he provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the family court or district court by both parties to a marriage together, on the ground that they have been living separately for a period of one year or more,that they have not been able to live together and they have muttually agreed that the marriage should be dissolved .

2.on the motion of both the parties made not earlior than six months after the date of the presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date , if the petition is not withdrawn in the mean time the court shall, on being satisfied after hearing the parties and after making such inquiry as it thinks fit, that the marriage has been solemnised and that the averments in the petition are true , pass a decree of divorce declaring the marriage to be dissolved with effect from the date oe the decree.


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 9 Replies

Prakash Yedhula (Lawyer)     14 February 2008

Can the period of 6 months be waived by the court?

anupam_advocate (n/a)     14 February 2008

no 6 months period must in 13 b

Manish Raghav (Lawyer )     14 February 2008

yes the period month is not mandatory and can be waived by the court.

SANJAY DIXIT (Advocate)     14 February 2008

Many Courts allow the waiver of period 6 months but some Courts do not allow. So different views in this regard.

anupam_advocate (n/a)     15 February 2008

ya its right

bhupender sharma (head)     19 November 2009

 the supreme court has now held that only the S.C has power to wave of the period

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     19 November 2009

 

Some times it is waived off by the court but dont know the authority of supreme court restricting the same.


Ramesh Parmar (law)     21 November 2009

Hi Anupam, so the date of decree you mean is dated from the date of when the petition was filed? i.e. 6 month earlier?

Sukhija (Advocate)     03 December 2009

I agree with Bupendra sharma.


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