Table of Contents
What is the section 13 B?
Section 13B of the Hindu Marriage Act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation — one year provided in Section 13B (1) and six months in Section 13B (2).
What is section 13 of Special marriage Act?
(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three …
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 …
What is 13B 2?
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 first motion in mutual divorce?
First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. Second motion under the proceedings is when the husband and wife confirm to the intention of divorce after the cooling off period.
What is Section 13 1 A of Hindu Marriage Act?
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. …
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.
Is sapinda marriage legal in India?
As noticed above, section 18 of Hindu Marriage Act provides punishment if marriage is performed by the parties who are sapinda of each other or within the degrees of prohibited relationship.
How do I check my sapinda relationship?
Section 3(f)(i) of the Act says that a sapinda relationship, with reference to any person, extends as far as the third generation (inclusive of the third generation) in the line of ascent through the mother, and the fifth-generation (inclusive of the fifth generation) in the line of ascent through the father.
Can wife claim maintenance after mutual divorce?
WIFE CANNOT CLAIM MAINTENANCE AFTER MUTUAL DIVORCE, IF SHE VOLUNTARILY SURRENDERED HER PART OF RIGHT TO GET MAINTENANCE:- – Legal Bonding.