The question (15 marks)
Explain divorce by mutual consent under section 13B of the Hindu Marriage Act, 1955. State the conditions of the first motion, the waiting period and the second motion, and set out what a drafter must plead in each of the two documents. (15 marks)
MU Module II, 2.1; pack ch. 02, divorce by mutual consent.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Matrimonial and Family Pleadings of Drafting, Pleading and Conveyancing – II.
Authorities you will need
- Hindu Marriage Act 1955, section 13B(1)
- Hindu Marriage Act 1955, section 13B(2)
- Hindu Marriage Act 1955, section 23(1)(bb) and section 23(2)
- Hindu Marriage Act 1955, section 19 and section 20
- Sureshta Devi v Om Prakash
- Amardeep Singh v Harveen Kaur
- Family Courts Act 1984, section 7
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.