https://www.taxtmi.com/caselaws?id=458659 Section 13B of the Hindu Marriage Act, 1955 makes one year's separation a jurisdictional condition precedent for a divorce petition by mutual consent. The provision was held to be a structured and limited liberalisation of divorce law with a rational nexus to the legislative object of providing a cooling-off period for possible reconciliation, and it does not violate equality. The Court also refused to read in a discretionary power to waive the period, holding that such an interpretation would amount to judicial legislation and defeat the statutory scheme. en-us Thu, 27 Mar 2008 00:00:00 +0530 Tue, 12 Nov 2024 13:20:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458659 Section 13B of the Hindu Marriage Act, 1955 makes one year's separation a jurisdictional condition precedent for a divorce petition by mutual consent. The provision was held to be a structured and limited liberalisation of divorce law with a rational nexus to the legislative object of providing a cooling-off period for possible reconciliation, and it does not violate equality. The Court also refused to read in a discretionary power to waive the period, holding that such an interpretation would amount to judicial legislation and defeat the statutory scheme. Case-Laws Indian Laws Thu, 27 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458659