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Legal Updates

Legal Updates

According to section 13B (2), when the couples move to the court for divorce with mutual consent, the court grants them a mandatory six months period to consider any chances of change in their decision. This period is granted by the court with the intent to save the marriage. After the end of six months, the couple may decide to reunite or proceed with a divorce.

The rehabilitation period of six months was mandatory. But as per the new rule, it is no more mandatory and is left at the discretion of the court. The court may decide as per the facts and circumstances of the specific case whether there is a need to order six months rehabilitation period or whether the couple should be immediately allowed to divorce.

The Supreme Court was satisfied that the couple had taken a conscious decision to divorce, and there was no point in requiring the parties to wait for another six months for divorce. The court decided to waive the six-month period and ordered the dissolution of the marriage.