Principle: Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent if spouses have lived separately for one year and cannot live together.
Facts: Husband and wife marry and file for mutual consent divorce after two months of marriage. Can the family court grant it immediately?
Answer and explanation
Correct answer: B. No, the petition cannot be entertained before completing one year of living separately
- Step 1: Review Section 13B of the Hindu Marriage Act 1955.
- Step 2: A mandatory statutory requirement is that the spouses must have been living separately for a period of one year or more.
- Step 3: Since only two months have elapsed, the statutory condition of one-year separation is not satisfied; the petition cannot be entertained.
Answer
No, the petition cannot be entertained before completing one year of living separately.
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