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1987 Supreme(Guj) 85

J.P.DESAI
DHIREN HARILAL GARASIA – Appellant
Versus
MANSU ALIAS MINA CHAMANLAL DANGI – Respondent


Advocates Appeared: D.K.Shah, P.M.RAVAL

J. P. DESAI, J.

( 1 ) * * * *

( 2 ) SECTION 13-B of the Hindu Marriage Act which provides for divorce by mutual consent reads as follows: Sec. 13-B. Divorce by mutual consent: (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together whether such marriage was solemnized before or after the commencement of the Marriage I was (Amendments) Act 1976 on the ground that they have been living separately for a period of one year or more that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved; (2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-sec. (1) and not later than eighteen months after the said date if the petition is not withdrawn in the meantime the Court shall on being satisfied after hearing the parties and after making such inquiry as it thinks fit that a marriage has been solemnized and that the averments in the petition are true pass a decree for divorce declaring the marriage to be dissolved with effect fr




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