What does Section 13B of the Hindu Marriage Act cover?

Who loses most in a divorce?

In divorce, women often suffer more significant financial hardship and loss of living standards, while men are more prone to severe emotional distress, depression, and health issues like substance abuse, though both genders face substantial challenges, and children's lives are deeply disrupted by family changes. The most vulnerable in any divorce are often the children, whose routines, finances, and emotional stability are all profoundly affected by their parents' separation, regardless of who files for divorce. 

What is wife maintenance under Hindu law?

Maintenance under Hindu Laws

Maintenance under the Hindu Adoption and Maintenance Act, 1956 is provided as a right to a wife to claim maintenance from her husband. A wife can file a maintenance case under the Act in India against her husband when she is unable to maintain herself financially.

What evidence is needed for divorce under Section 13?

A divorce petition under Section 13 Hindu Marriage Act requires a clear statement of facts, valid legal grounds, and solid documentary proof. Using this checklist will help you prepare your petition thoroughly, ensuring you meet all procedural requirements and avoid unnecessary delays.

What is the waiting period in section 13B?

Under Section 13B of the Hindu Marriage Act 1955, couples have to wait a minimum of six months and a maximum of eighteen for the court to pass a decree dissolving the marriage.

Can a wife stay in husband's house after filing of divorce petition by husband in India?

A divorced wife can claim residence rights under the Protection of Women from Domestic Violence Act, 2005. If she has no independent income, courts may allow her to stay in the matrimonial home temporarily.

Can Husband and wife live separately without divorce in India?

Legal Recognition of Separation Without Divorce

Judicial separation is a legal arrangement wherein a married couple is allowed to live separately without terminating their marriage. Either spouse can file for judicial separation on grounds similar to divorce, such as: Cruelty. Adultery.

What is 13B filing?

Section 13B was inserted into the Hindu Marriage Act through an amendment in 1976. It provides for divorce by mutual consent between parties who have been living separately for at least one year and have mutually agreed that the marriage should be dissolved.

What is the no contact rule in divorce?

What is the no-contact rule? It's pretty much what it sounds like. After your relationship ends, you cut off all contact with your former partner.

What are common mutual divorce mistakes?

One of the biggest divorce mistakes is not clearly understanding your financial situation. This includes ignorance of your assets, debts, and monthly expenses. Before negotiations begin, gather all financial documents and understand your financial landscape. This ensures you are not short-changed in the settlement.

What is the meaning of 13 B?

orce under section 13-B of HMA is also called mutual consent divorce. Meaning thereby where both parties (Husband and Wife) are ready for Divorce on their mutual terms, their marriage can be dissolved under section 13 B-of HMA 1955.

What are signs of a healthy marriage?

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• Trust. Our marriage space is sacred and private.
• Restraint. We resist temptation and remain true to each other.
• Intimacy. We are open with each other.
• Priorities. We both put our marriage first.
• Difference. ...
• Sameness. ...
• Communication. ...
• Fairness.

What is the process of 13B?

The process requires filing of petition (under section 13B of the Hindu Marriage Act, 1955) before court with affidavits by both parties as an affirmation that they haven't been able to live together as husband and wife for a year (or more as the case may be) and hence give mutual consent to opt for divorce.

What is the shortest time a divorce can take?

The fastest divorce on record involved a Kuwaiti couple in 2019 who divorced just three minutes after their wedding ceremony; the bride requested the annulment immediately after her new husband mocked her for tripping as they left the courthouse, showing a severe lack of respect.
 

What are the grounds of divorce under section 13 of the Hindu Marriage Act?

(1)Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— (i)has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person ...

What is the biggest mistake during a divorce?

The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being. 

What are the four behaviors that cause 90% of all divorces?

The four behaviors that predict divorce with over 90% certainty, known as the "Four Horsemen," are Criticism, Contempt, Defensiveness, and Stonewalling, identified by relationship researcher John Gottman; these toxic communication patterns erode a marriage by destroying trust and connection, with contempt being the most damaging. 

What are the five grounds for divorce?

In this article:

• What were the grounds for divorce?
• Adultery.
• Unreasonable behaviour.
• Desertion.
• Two and five years separation.
• No-fault divorce.

Under which circumstances is a wife not entitled to receive maintenance?

No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately ...

How long after divorce can my ex-wife claim money?

“Consistently with the potentially life-long obligations which attend a marriage, there is no time-limit for seeking orders for financial provision or property adjustment for the benefit of a spouse following divorce.

What is the new rule of alimony in India?

The Delhi High Court ruled on October 17, 2025, that alimony cannot be awarded to a financially self-sufficient spouse, as permanent maintenance under Section 25 of the Hindu Marriage Act is a social justice measure, not a tool for enrichment or equalising incomes.