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Head Note

The Hindu Marriage Act, 1955  - Section 13 , Section 13-B

Divorce by Mutual Consent - In appeal before Apex Court a consent term of settlement has been filed by parties supported by affidavitIn view of the settlement reached between the parties, impugned order High Court set aside - Parties allowed to take recourse by filing petition for divorce by mutual consent under Section 13B of the Act, 1955 before the Family Court - As the parties are not residing together for more than six months, parties allowed to file a petition for waiver of the period of six months and for immediate disposal of the petition under Section 13B of the Act, 1955 - If such petition is filed, the Court will waive the period and pass order in terms of settlement on the date of appearance or within two weeks thereof and dissolve the marriage by mutual consent.

Topic(s)-Divorce by Mutual Consent - Not Residing Together for More than Six Months - Waiver of six month period