Is mandatory period for filing Divorce in Mutual consent is no more?
In the case of Shivani Yadav vs. Amit Yadav, the opinion given by Punjab & Haryana High Court Bench comprising Justice Ritu Bahri and Justice Archana Puri whether the Divorce by mutual consent the period of one year for living separately under section 13B(1) of Hindu Marriage Act is mandatory or not?
It is clear that the period of one year required to be maintained by the parties for filing a divorce petition under Section 13(B) of the aforesaid. When we read Section 13(B) it is a complete Code in itself and, therefore, for filing a petition under Section 13B of the aforesaid Act, the parties cannot be allowed to invoke Section 14 seeking waiver of the period of one year from separation for filing a petition under Section 13(B) of the Act. The opinion was given by division bench of Justice Ritu Bahri and Justice Archana Puri "Wherein it is held that period of one year for living separately under Section 13(B) 1 of the Act is not directory as well as mandatory and the same cannot be condoned by the Court under section 14 of the Act".
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