MADHU Vs. FAMILY COURT

JUDGEMENT

(1.) SN. 13 B of Hindu Marriage Act - waiving of six month's waiting period - alternative arrangement suggests - evidence of the parties can be taken and the judgment be deferred till the expiry of the waiting period.

(2.) THIS original petition is filed challenging Ext. P5 order passed by the Family Court, Kollam. By Ext. P5, the Family Court has refused to waive the waiting period of six months under sec. 13 B of the Hindu Marriage Act. The complaint of the petitioners, who are the husband and wife is that the husband has to go back to gulf country and he will have to come again for giving evidence after the expiry of six months if the order is allowed to stand. When the original petition now came up for hearing learned counsel for petitioners restricted his prayer for a direction to the Family Court to take the evidence in the case so that personal appearance of the husband can be dispensed with at the time of expiry of six months. It is also pointed out that the wife will be present at the expiry of six months and the husband can file an affidavit with regard to the non withdrawl of the joint application. The family court can pass appropriate orders at the expiry of the period of six months. He also pointed out Sec. 16 of the Family Courts Act which provides for filing of affidavit where the evidence is a formal character. In the light of the above I dispose of the original petition directing the Family Court, Kollam to take evidence of the parties within ten days and defer the final order till the expiry of six months from the date of reception of the joint application and further direct that the second petitioner be present at the time of final enquiry and in case the first petitioner is not able to come to India his affidavit may be filed through the Embassy. Original petition is disposed of as above.