NEERU VERMANI Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This is a petition filed by the wife challenges the order rejecting application to waive the statutory period of six months tor filing of the Second motion under Section 13 B (2) of the Hindu Marriage Act.

(2.) The learned Additional District Judge has rejected the application mainly on the ground of certain observations in Sureshta Devi Vs. Om Prakash AIR 1992, Supreme Court 1904, while discussing the provisions of Section 13 (B) of the Hindu Marriage Act in connection with .the question of need of the parties to join second motion. It is submitted that the question in issue was not the point of waiver of statutory period in the matter when the Supreme Court laid down as under:

(3.) The learned Trial Court felt that the fact that marriage of petitioner No. 1 had been arranged on 22.02.2001 with one Mr. Anant Verma, an American citizen, who was on leave from his employer'from 10.02.2002 to 20.02.2002, was not sufficient ground. The learned trial court has also not accepted it sufficient to waive the statutory period on the ground that petitioner no. 1, Mr. Shamsher Singh had been offered a permanent job in USA and was about to leave for USA permanently on 18.02.2002 and it would be impossible for him to come back to India to remain present at the time of Second Motion after six months. The husband has no objection to allow the Revision Petition.