ARVIND SHARMA Vs. DHARA SHARMA

JUDGEMENT

(1.) The petitioner/husband aggrieved by the order dated 20.9.97 passed by the Additional District Judge in H.M.A. No. 844/97, has preferred this Civil Revision Petition. By the impugned order, the learned Additional District Judge did not accede to the request of the petitioner for waiving of the statutory period of six months for filing of the second motion for divorce under Section 13 B (2) of the Hindu Marriage Act and directed the petition to be listed on 21.3.98.

(2.) The respondent supports the petitioner in the present Revision Petition. The facts giving rise to the present petition may be briefly noticed: Petitioner was married to the respondent on 9.11.97. The marriage ran into rough weather. There were differences between the parties, leading to the respondent filing a complaint with the Dowry Cell under Section 406/498A/34 Indian Penal Code which was registered as FIR No.531/97 with Police Station, R.K.Puram, New Delhi. The petitioner No. 1 and his family members were constrained to seek anticipatory bail. In the event, the parties have resolved their differences and decided to get the marriage dissolved by decree of divorce by mutual consent.

(3.) The petitioners filed petition bearing HMA 843/97 under Section 13(B)1 of the Hindu Marriage Act. The learned Additional District Judge registered the petition and recorded the statement of parties. He found that there was no chance of reconciliation in marriage which had irretrievably broken down. Vide order dated 20.9.97, petition was taken on record, with liberty to the parties to apply for the second motion in accordance with law. The petitioners immediately preferred the second petition also which was registered as H.M.A. No.844/97. The learned Additional District Judge declined to waive the period of six months. While declining to waive the period he further observed that a sum of Rs. 4,00,000.00 was to be paid to the respondent/wife in settlement of all her claims. Rs. 2,00,000.00 had been paid at the time of first motion under Section 13-B. The remaining Rs. 2,00,000.00 was to be paid in two installments, first one at the time of quashing of the Criminal proceedings and the second at the time of marriage being dissolved by the second motion under Section 13 (B) 2 of Hindu Marriage Act.