WHAT DOES SECTION 21B OF THE HINDU MARRIAGE ACT SAY ?

leadindia422
Aug 2, 2024
3 min read

The Provision Of Section 21b Deals With The Speedy Trial In A Mutual Divorce Case. When Both Parties To The Marriage Are Of The Opinion That The Marriage Cannot Be Continued And Decide To End It, They Can File A Joint Petition For Divorce Also Known As Divorce By Mutual Consent.

Section 21b Of The Hindu Marriage Act-

Trial Of A Petition Filed Under This Act, As Much As Practicable In The Interests Of Justice, Should Be Continued From Day To Day Until The Conclusion Of The Trial, Unless The Court, For Reasons To Be Recorded, Believes That The Trial Should Be Adjourned As Necessary.
Petition Filed Under This Act Must Be Tried As Expeditiously As Possible And Must Try To Conclude It Within Six Months From The Date Of Service Of The Notice Of The Petition On The Respondent.
Any Appeal Made Under This Act Must Be Tried As Expeditiously As Possible And Must Be Tried To Be Concluded Within 3 Months From The Date The Notice Was Served To The Respondent.

Benefits Of Section 21b For The Divorcing Couples-

The Hindu Marriage Act, 1955 Governs The Marriages And Divorces Of The Hindus. Section 21b Provides For A Simplified Procedure For Couples Seeking Divorce By Mutual Consent.
The Section Could Be Said To Be A Progressive Step In Providing A Humane And Dignified Approach To Divorce Proceedings.
Provided Under Section 21b Of The Hindu Marriage Act, 1955, Couples Can File For Divorce In A Joint Petition.
As The Couple Filed For A Joint Petition, They Won’t Be Required To Appear In Court And Shall Be Able To Avoid Public Scrutiny Accompanied By A Divorce. Hence, Allowing The Parties To Maintain Their Privacy And Dignity During The Whole Process Of Divorce.
Also, Section 21b Of The HMA helps Reducing The Financial Burden Which Is Associated With Divorce. As The Procedure Involving The Divorce Is Simpler As Well As Less Time Consuming, The Couple Can Save On Legal Fees And Other Costs, The Couple Will Be Able To Save On Legal Fees And Other Costs.
It Could Be Concluded That A Simple And Short Procedure Is Provided To The Couples Filing For Divorce By Mutual Consent, Under Section 21b Of The Hindu Marriage Act, 1955.
The Section Is Acclaimed As A Progressive Approach Towards The Divorce Proceedings, As It Helps The Couples Reduce Emotional Trauma And Financial Burdens Associated With The Divorce. Hence, It Could Be Said That Section 21b Provides Numerous Benefits For Couples Opting To Divorce.

Role Of The Courts While Deciding Petitions Under Section 21b Of The Hindu Marriage Act-

Section 21b Of The Act Of 1955, Provides For The Filing Of Petitions For The Dissolution Of Marriage By Mutual Consent, Where Court Plays An Important Role In Deciding These Cases.
A Petition When Filed Under Section 21b Of The Hindu Marriage Act, 1955, The Court Has To First Determine Whether The Parties Genuinely Consented To The Dissolution Of Marriage.
The Court Should Be Satisfied That The Parties To The Divorce Have Decided To Divorce Voluntarily, Without Any Coercion Or Undue Influence. The Court Should Be Satisfied That The Parties To The Divorce Must Be Living Separately For A Period Of At Least One Year Before Filing The Petition For Divorce.