Raju Asangi

19/12/2025

17/12/2025

the Delhi High Court has held that the statutory requirement of 'living separately for a period of one year' before filing for divorce on mutual consent is not mandatory and can be waived in by the family court and the High Court in appropriate cases."
​"A Full Bench held that Sec 13B(1), which begins with the phrase 'subject to the provisions of this Act', ', must be read harmoniously with the proviso to Sec 14(1) of the HMA."
​"The proviso allows courts to waive statutory waiting periods in cases involving 'exceptional hardship' or 'exceptional depravity'."
​"According to the Court, there is no legal justification to deny such flexibility in mutual consent divorces when it is available even in contested cases."

17/12/2025

The Hon'ble, Delhi High Court has held that the statutory requirement of 'living separately for a period of one year' before filing for divorce on mutual consent is not mandatory and can be waived in by the family court and the High Court in appropriate cases."

​"A Full Bench held that Sec 13B(1), which begins with the phrase 'subject to the provisions of this Act', ', must be read harmoniously with the proviso to Sec 14(1) of the HMA."

​"The proviso allows courts to waive statutory waiting periods in cases involving 'exceptional hardship' or 'exceptional depravity'."

​"According to the Court, there is no legal justification to deny such flexibility in mutual consent divorces when it is available even in contested cases."