Divorce by mutual consent: HC waives cooling-off period

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  • The Delhi High Court has waived the cooling-off period for divorce by mutual consent of a woman, from her estranged husband, after she expressed her intention to enter into another marriage with a non-resident Indian who was in India for limited number of days.
  • Section 13B of the Hindu Marriage Act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation — one year provided in Section 13B (1) and six months in Section 13B (2).
  • The woman had approached the High Court after a family court here rejected her application for waiving the statutory period of six months under Section 13B(2) of the Hindu Marriage Act.
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