SHILPA A R Vs. TITTI GEORGE

JUDGEMENT

(1.) In this original petition filed under Article 227 of the Constitution of India, the petitioner is seeking to quash Ext.P2 order passed by the Family Court, Palakkad in I.A. No.594/2018 in O.P. No.331/2018.

(2.) The respondent is the husband of the petitioner. Both the parties have approached the Family Court seeking for dissolution of their marriage, through a petition filed under Section 10A of the Divorce Act. Since the matrimonial dispute arose long back and since the parties are living separated for quite a long time, they have filed a petition as I.A. No.594/2018 to waive off the statutory period of six months stipulated for making motion of the application. The said interlocutory application was dismissed by the Family Court through Ext.P2 order, stating that no specific reason warranting exercise of the discretion is mentioned. On dismissing the said application, the case before the Family Court was adjourned to 09.08.2018.

(3.) Heard; learned counsel appearing for both the parties. The appellant had drawn our attention to a recent decision of the hon'ble Supreme Court in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746. In that decision, on analysing the provisions contained in Section 13B of the Hindu Marriage Act, which is almost identical to the provisions contained in Section 10A of the Divorce Act, the apex court observed that, the statutory period of waiting mentioned therein is not mandatory but only directory and it will be open to the court to exercise its discretion in the facts and circumstances of each case. The hon'ble Supreme court had enumerated the conditions to be satisfied in the normal circumstances, for allowing waiving off the statutory period. Those conditions enumerated in clause (i) to (iv) of paragraph 19 of the said judgment are as follows;