The Patna High Court has reiterated that the mandatory one-year separation under Section 13(B) must be genuinely observed for granting mutual consent divorce. It upheld rejection of the couple’s plea after the husband admitted conjugal relations during separation.
The Delhi High Court has ruled that the one-year separation requirement under Section 13B of the Hindu Marriage Act is not mandatory. Courts may waive this condition in exceptional cases to prevent undue hardship to parties.
