What is Alternate Relief in Divorce Proceedings? Section 13A of the
Hindu Marriage Act 1955. What is divorce by Mutual Consent as per
Section 13B of The Hindu Marriage Act 1955. Alternate relief and
Divorce by mutual consent of husband and wife.
Alternate Relief in Divorce Proceedings is under Section
13A of the Hindu Marriage Act 1955. Provisions related to
Alternate Relief in Divorce Proceedings under this Act are.
Section 13-A of The Hindu Marriage Act, 1955.
Alternate Relief in Divorce Proceedings.
If any proceeding under this Act, on a petition for
dissolution of marriage by a decree of divorce, except in so
far as the petition is founded on the grounds mentioned in
clauses (ii), (vi) and (vii) of sub-section (1) of Section
13, the court may, if it considers it just so to do having
regard to the circumstances of the case, pass instead a
decree for judicial separation.
Section 13B - Divorce by mutual consent.
The husband and wife with mutual consent can file a divorce
petition after one year of the marriage under the provisions
of Section 13B of the Hindu Marriage Act, 1955. The
Provisions for divorce by mutual consent are:
Section 13B (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, 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.
Section 13 (2) On the motion of both the parties made
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not withdrawn in the mean time, the Court shall, on being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.