Hindu Marriage Act,1955

Act No : 25

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Section : Divorce by mutual consent

13B. Divorce by mutual consent
(1) Subject to the provision 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 Marriage Laws (Amendment) Act, 1976 (68 of 1976), 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 that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of 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petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized 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 of the decree]

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Prakash Yedhula wrote on 02 May 2009

Where one of the parties has withdrawn the consent then the petition moved and section 13B has to be dismissed.-Gautam Basu v. Nina Basu 1990(2)HLR 496

Prakash Yedhula wrote on 02 May 2009

Where a petition for divorce is moved under s. 13 the same can be converted into a petition under s. 13B provided it is duly signed by both the parties and therby giving issue to a divorce on the ground of mutual consent.-Kuljit Kaur v. Harjit Singh 1989(2)HLR 72.

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