Section 13 has no single meaning across Indian law. Its meaning depends on the Act named in a notice, petition, order, or textbook. For example, Section 13 of the Hindu Marriage Act concerns divorce, while Section 13 of the SARFAESI Act concerns enforcement of security interest.
Start by identifying the full name of the Act and any subsection, such as 13(2) or 13(4). Those details help you find the correct provision and avoid applying an unrelated rule.
Which Section 13 are you looking for?
| Context in your document | Act | Subject of Section 13 |
|---|---|---|
| Divorce petition or matrimonial dispute | Hindu Marriage Act, 1955 | Divorce on statutory grounds. |
| Secured loan, bank demand or possession action | SARFAESI Act, 2002 | Enforcement of security interest. |
| A judgment delivered by a foreign court | Code of Civil Procedure, 1908 | When a foreign judgment is not conclusive. |
| Booking payment or agreement with a property developer | Real Estate (Regulation and Development) Act, 2016 | Deposit or advance before an agreement for sale. |
| Criminal misconduct alleged against a public servant | Prevention of Corruption Act, 1988 | Criminal misconduct by a public servant. |
This table identifies several provisions sharing the number. It is not an exhaustive list, and the context is a starting point rather than a conclusion about which law governs a case.
Section 13 of the Hindu Marriage Act
This provision sets out grounds for divorce, including cruelty and adultery, subject to the Act's wording and conditions. Section 13B is a separate provision for divorce by mutual consent. A reference to “Section 13” should not be treated as a mutual-consent petition without checking the document.
Read the Section 13 Hindu Marriage Act and Section 13B guide for the differences, records to organise, and petition preparation. That guide also links the existing Section 13B format resource.
Section 13 of the SARFAESI Act
The SARFAESI Act deals with securitisation, asset reconstruction, and enforcement of security interest. Section 13 forms part of its enforcement framework. Section 13(2) concerns a demand notice requiring discharge of the liability within sixty days, subject to the statutory conditions. Section 13(4) addresses specified measures where the borrower fails to discharge the liability within the prescribed period.
Identify the subsection actually cited in a bank document. Record the notice date, service details, account and secured asset, amount demanded, and any response. A demand notice and a later enforcement measure are different stages. An assessment of remedies or time limits needs the complete Act, applicable rules, and relevant decisions.
Section 13 of the Code of Civil Procedure
CPC Section 13 concerns the conclusiveness of foreign judgments. It lists exceptions, including issues relating to jurisdiction, merits, natural justice, fraud, and Indian law. It does not mean that every judgment from a foreign court is automatically enforceable in India.
For research, obtain the judgment and procedural record, then identify the particular exception or issue. Recognition and execution questions should be examined with the other applicable provisions.
Section 13 of RERA
RERA Section 13 restricts a promoter from taking more than ten per cent of the cost of an apartment, plot, or building as an advance or application fee before entering into a written agreement for sale and registering it as required. Check the applicable rules and the transaction records.
Organise the booking form, payment receipts, agreement, registration details, and correspondence. Identify the total cost and payments before drawing a conclusion about the threshold.
Section 13 of the Prevention of Corruption Act
This section concerns criminal misconduct by a public servant. The amended provision addresses dishonest or fraudulent dealing with entrusted property and intentional illicit enrichment. Older cases may discuss earlier wording, so check the alleged conduct date and the applicable statutory version.
How to identify the right provision
- Find the Act's full name in the document, not just the section number.
- Record the subsection, clause, and relevant dates.
- Open the official Act and check amendments and applicable rules.
- Keep the legal text beside the document you are analysing.
Article 13 of the Constitution is also a different reference: an Article of the Constitution is not interchangeable with Section 13 of an Act. For more explainers, browse the Indian law guides library. Explore Juniorlawyer's research and drafting features to organise a first note, then verify its legal references against the official sources.