Topic

Section 13-B Hindu Marriage Act

2 articlesLatest July 2026
Allahabad HC Directs Family Court to Proceed with Mutual Divorce After Cooling Period Elapses Despite Waiver Rejection | Section 13-B HMA : Allahabad HC
Case Law Analysis
|Allahabad High Court

Allahabad HC Directs Family Court to Proceed with Mutual Divorce After Cooling Period Elapses Despite Waiver Rejection | Section 13-B HMA : Allahabad HC

Allahabad HC ruled that the statutory six-month cooling period under Section 13-B(2) of the Hindu Marriage Act, 1955, cannot be waived, but once elapsed, the Family Court must proceed with the mutual divorce petition. The ruling clarifies that waiver rejections become infructuous post-cooling period, directing expeditious disposal of pending petitions.

Section 13-B HMA | Cooling Period Waiver Permissible Where Marriage Irretrievably Broken and Reconciliation Impossible : MP HC Gwalior
Case Law Analysis
|Madhya Pradesh High Court

Section 13-B HMA | Cooling Period Waiver Permissible Where Marriage Irretrievably Broken and Reconciliation Impossible : MP HC Gwalior

Madhya Pradesh High Court rules that the six-month cooling period under Section 13-B of the Hindu Marriage Act is directory, not mandatory, and may be waived where the marriage has irretrievably broken down with no scope for reconciliation. The decision underscores judicial discretion in mutual consent divorces, particularly where parties have settled all disputes and cohabitation is impossible.

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