Divorce by Mutual Consent & Judicial Separation | Section 13B & 10 HMA Explained

In this lecture, we discuss two extremely important concepts under the Hindu Marriage Act, 1955 —
👉 Divorce by Mutual Consent (Section 13B) and
👉 Judicial Separation (Section 10).

This video explains the complete statutory procedure, essential conditions, cooling-off period, withdrawal of consent, and landmark Supreme Court & High Court judgments, making it highly useful for LLB, LLM, Judiciary, UGC NET Law, and other competitive exams.

📌 Topics Covered in This Video
🔹 Divorce by Mutual Consent – Section 13B

✔ History before 1976 Amendment
✔ First Motion & Second Motion
✔ One year separation requirement
✔ 6–18 months cooling-off period
✔ Whether 6 months period is mandatory or directory
✔ Waiver of waiting period
✔ Withdrawal of consent before decree
✔ Role of District Court
✔ Divorce effective from date of decree

Important Case Laws Discussed:

Sureshta Devi v. Om Prakash (1992 SC)

Ashok Hurra v. Rupa Bipin Zaveri (1997 SC)

Amardeep Singh v. Harveen Kaur (2017 SC)

Anil Kumar Jain v. Maya Jain (2010 SC)

Swati Verma v. Rajan Verma (2003 SC)

Miten v. Union of India (2009 Bom HC)

🔹 Judicial Separation – Section 10

✔ Meaning & object (Derrett’s view)
✔ Difference between divorce & judicial separation
✔ Grounds under Section 13 applicable
✔ Effect of decree of judicial separation
✔ Rescission of decree
✔ Maintenance rights
✔ Bigamy during judicial separation
✔ Standard of proof
✔ Forced intercourse & Section 376B IPC

Key Case Laws:

Manisha Tyagi v. Deepak Kumar (2010 SC)

Darshan Prasad v. Civil Judge (1992 SC)

Sujit Kaur v. Jujhar Singh (1980 P&H HC)

🎓 Who Should Watch This Video?

✔ Law students (LLB / LLM)
✔ Judiciary & APO aspirants
✔ UGC NET Law aspirants
✔ Anyone studying Family Law / Hindu Law

📌 Well-structured explanation | Exam-oriented | Case law focused

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