HMA 13B — Divorce by mutual consent

Hindu Marriage Act, 1955

Statutory text

(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 solemnized before or after the commencement of the 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  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date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the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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