Can waive 1-year separation norm in mutual consent divorce, says HC

The Delhi high court on Wednesday ruled that family courts or the high court can waive the mandatory oneyear separation period for divorce by mutual consent under the Hindu Marriage Act (HMA) and dissolve the union where the marriage causes exceptional hardship or exceptional deprivation to either spouse.

- Shruti Kakkar

A full bench of justices Navin Chawla, Anup Jairam Bhambhani and Renu Bhatnagar ruled that the mandatory period under section 13B of HMA can be waived to save a couple from remaining trapped in a manifestly unworkable matrimonial relationship. "It is clarified that the one-year period stipulated under section 13(1) B of the HMA, for presenting the first motion, may be waived at the discretion of the family court or the high court. Consequently, it is legal