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SECTION 13(B) provided for divorce by mutual consent by presentation of the petition (first motion) in the District Court by the parties on the grounds that (1) they have been living separately for a period of one year or more, (2) that they have been unable to cohabitate, and (3) that they have mutually agreed that the marriage should be dissolved. SECTION 13(B) also provided for second petitions to be filed not earlier than six months after the first petition. With time, the Indian Courts encountered a number of these divorce cases in which the parties were adamant that their differences could not be resolved and would continue to exist even after the statutory cooling-off period of six months, which begins on the date the first petition or motion was filed. Case Laws: The Statutory Cooling Off Period was finally allowed to be waived off after taking into account some factors outlined by the Supreme Court of India in Re: Amit Kumar v. Suman Beniwal- SC judgement_11-Dec-2...

It is more harmonious if both parties agree on the termination of marriage peacefully rather than fighting in the courtroom and defaming each other. Under the virtue of Section 13B of the Hindu Marriage Act, they can file a joint petition in District Court, and the Court can give them a divorce. But if the couple changes their views and wants to save their marriage, in that situation, they can submit a petition with the court where their divorce is being handled, indicating that they would like to withdraw or cancel their divorce permission and give their relationship a second chance. If both spouses agree to withdraw, the issue can be settled amicably, and the court dismisses the petition. Remedies for the Cancellation of Divorce with Mutual Understanding The court will not provide a divorce decree if the spouses submit an application to the court saying that they do not plan on seeking Mutual Divorce Process . That is feasible while the case is on-going in court for six...