Whether the petition for divorce can be withdrawn?
Section 13B(2) of the Hindu Marriage Act lays down that the filing of a divorce petition with mutual consent does not authorise the court to make a decree for divorce without a 6-18 month waiting period.
The section does not provide any indication that a change of mind must be by both parties and not by one alone.
Whether the minimum six month period prescribed by Section 13B(2) of the Hindu Marriage Act is mandatory or can be relaxed in exceptional situations?
The object of the provision is to enable parties to dissolve a marriage by consent if it has broken down and to enable them to rehabilitate.
In the case where there are no chances of reunion and chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.