Section 13A of HMA : Section 13A: Alternate Relief In Divorce Proceedings

Explanation using Example

Imagine a scenario where a woman files for divorce from her husband based on the ground of cruelty, which is a permissible ground under section 13(1)(ia) of The Hindu Marriage Act, 1955. During the proceedings, the court observes that the couple might have a chance of reconciliation. Considering the circumstances and the possibility of the couple resolving their issues, the court decides that it would be just to grant a decree for judicial separation instead of an immediate divorce. This would provide the couple with some time apart to reflect on their marriage and potentially reconcile, rather than proceeding directly to the dissolution of the marriage. This application of Section 13A allows the court to opt for a less drastic measure in the hope of saving the marriage.