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Jun 27, 2023 · Step by step procedure for divorce by mutual consent under Hindu Law, along with its essentials and discussion on the waiting period.
- Rachit Garg
The concept of divorce by mutual consent in India is governed by the Hindu Marriage Act of 1955, which was later amended in 1976 to include provisions for divorce by mutual consent. Under this law, both husband and wife are committed to each other and can divorce if both consent to do so.
6 days ago · In conclusion, key findings from the latest Supreme Court judgements have marked a significant evolution in Hindu Law concerning divorce by mutual consent. A notable judgement is the Amardeep Singh vs. Harveen Kaur (2017) case, where the Supreme Court relaxed the mandatory waiting period of six months, stating that it can be waived if the marriage has irretrievably broken down.
15 hours ago · Om Prakash, addressing the question of whether mutual consent for divorce under Section 13-B of the Hindu Marriage Act, 1955, can be unilaterally withdrawn by one party before the decree is passed. The Court ruled that mutual consent is a sine qua non for granting a divorce decree and can be withdrawn at any time before the decree is finalized.
Jan 11, 2024 · Akin to the HMA, the Special Marriage Act, 1954 (SMA) also provides that mutual consent divorce can be sought if the parties: (i) have been living separately for a period of one year or more; (ii) have not been able to live together; and (iii) have mutually agreed that the marriage should be dissolved.
Jul 23, 2021 · This article will primarily focus on the concept of divorce based on mutual consent. The provision of divorce on mutual consent is covered under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954.
Mar 19, 2015 · Divorce by mutual consent is addressed under S. 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage.
