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One-Year Separation Period for Filing First Motion for Divorce by Mutual Consent Not Mandatory: Delhi High Court

18 Dec 2025 4 min read
One-Year Separation Period for Filing First Motion for Divorce by Mutual Consent Not Mandatory: Delhi High Court

The Delhi High Court has delivered a landmark ruling clarifying the law relating to divorce by mutual consent under the Hindu Marriage Act, 1955. The Court held that the one year separation period prescribed under Section 13B(1) for filing the first motion for mutual consent divorce is not mandatory and can be waived in appropriate cases. This decision brings significant relief to couples trapped in irretrievably broken marriages. Bench and…

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