Delhi High Court Holds One-Year Separation Under Section 13B HMA Not Mandatory For Divorce By Mutual Consent

The Delhi High Court has held that the one-year separation requirement under Section 13B(1) of the Hindu Marriage Act is directory, not mandatory.

A Full Bench ruled that courts may waive this period in cases of exceptional hardship or depravity, by invoking the proviso to Section 14(1) HMA.

The Court clarified that the waiver of the one-year separation requirement is distinct from the waiver of the six-month cooling-off period under Section 13B(2).

It held that if both requirements are waived, a decree of divorce by mutual consent can take effect immediately.

[Shiksha Kumari v. Santosh Kumar]