ILA VERMA Vs. PALLAV VERMA

JUDGEMENT

(1.) THIS Transfer Petition is filed Under Section 9 of the Hindu Marriage Act, 1955 ("HM Act") for transfer of Case No. 518 A/13 titled as Pallav Verma v. Smt. Ila Verma pending in the Principal Family Court, Raipur, Chhattisgarh to the Principal Judge, Family Court, Saket, New Delhi. We have heard Learned Counsel for the parties and perused the petition. Taking into consideration the grounds taken in the Transfer Petition, we allow the prayer and transfer Case No. 518 titled as Pallav Verma v. Smt. Ila Verma from the Principal Family Court, Raipur, Chhattisgarh to the Principal Judge, Family Court, Saket, New Delhi.

(2.) DURING the pendency of this Transfer Petition, the parties had been referred to the Supreme Court Mediation Centre. A Settlement Agreement has been arrived at before the Supreme Court Mediation Centre, which reads as follows:

(3.) ALTHOUGH a prayer has been made requesting this Court to grant a divorce decree Under Article 142 of the Constitution, we think it would be appropriate for the parties to take recourse of their second proposal, namely, to obtain a divorce by mutual consent Under Section 13 -B of the H.M. Act. Learned Counsel for the parties state that an application shall be moved for amending the aforesaid Petition Under Section 9 of the HM Act for it being treated as having been moved Under Section 13 -B(1) of the said Act so that the proceedings may be advanced forthwith to the stage envisaged in Section 13 -B(2) of the said Act. If this action is initiated the Court shall proceed in the matter with expedition and in accordance with law. It seems to us that no sooner the amendment is allowed, the natural and logical consequence would be that the statutory period of six months prescribed under the said Section 13 -B(2) would have been complied with, provided the unamended petition had been pending for a period of over six months. With these observations, the Transfer Petition is allowed.