Six Months Cooling-off period under Section 13B(2) of Hindu Marriage Act not mandatory, SC [Read judgment]

Murali Krishnan September 12 2017
Foreign Law Firms

The Supreme Court today held that minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (Act) for a motion for passing decree of divorce on the basis of mutual consent is not mandatory and can be waived by courts depending on the facts and circumstances of the case.

The judgment was delivered by a Bench of Justices AK Goel and UU Lalit in an appeal against a judgment of the Delhi High Court.

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