Topic

Section 13-B HMA

3 articlesLatest March 2026
Section 13-B HMA | Contested Divorce Petition Convertible to Mutual Consent Upon Full Alimony Settlement : Himachal Pradesh HC
Case Law Analysis
|Himachal Pradesh High Court

Section 13-B HMA | Contested Divorce Petition Convertible to Mutual Consent Upon Full Alimony Settlement : Himachal Pradesh HC

Himachal Pradesh High Court allows conversion of a contested divorce petition into mutual consent divorce under Section 13-B HMA upon full payment of Rs. 15 lakh alimony, reinforcing that mediated settlements with sworn affirmations can override procedural formalities. This ruling clarifies that courts may treat contested petitions as mutual consent upon settlement, provided both parties affirm the agreement on oath.

Section 13-B HMA | Cooling-off Period Waiver Requires Explicit Prayer Before Family Court : MP HC Mandates Compliance with Amit Kumar & Amardeep Singh Precedents
Case Law Analysis
|Madhya Pradesh High Court

Section 13-B HMA | Cooling-off Period Waiver Requires Explicit Prayer Before Family Court : MP HC Mandates Compliance with Amit Kumar & Amardeep Singh Precedents

MP High Court rules that waiver of the 6-month cooling-off period under Section 13-B of the Hindu Marriage Act requires a specific, explicit application before the Family Court. Mere inference or urgency pleas are insufficient. The Court directed parties to file a formal application within 15 days, aligning with Supreme Court rulings in Amit Kumar and Amardeep Singh. This decision reinforces procedural compliance for divorce by mutual consent, impacting litigants and practitioners in matrimonial disputes.