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Six-Month Cooling-Off Period under Section 13B HMA Not Mandatory; Order Rejecting Mutual Consent Divorce Plea Quashed: Gujarat High Court

05 Jan 2026 2 min read
Six-Month Cooling-Off Period under Section 13B HMA Not Mandatory; Order Rejecting Mutual Consent Divorce Plea Quashed: Gujarat High Court

The Gujarat High Court has quashed a Family Court order that had rejected a couple’s plea for divorce by mutual consent, observing that the six month cooling off period under Section 13B of the Hindu Marriage Act, 1955 is not mandatory. The bench of Justice Sangeeta K. Vishen and Justice Nisha M. Thakore noted that the couple had been residing separately for over a year and were settled in different…

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