MAULIN GIRISHCHANDRA PANDYA Vs. RIDDHI

JUDGEMENT

(1.) Heard learned advocate for the parties. The parties are present before the court today. Before proceeding with the matter, an endevour was made by this Court to settle the disputes between the parties for reunion. However, the same failed.

(2.) This petition is directed against the order dated 13.04.2011passed by the Family Court, Ahmedabad below Ex. 6 in Hindu Marriage Petition No. 224 of 2011 wherein the learned Judge has rejected the application for waiving off statutory period of six months before passing the decree of divorce.

(3.) The facts of the case, in brief, are that the marriage of the Petitioner and Respondent was solemnized on 11.12.2006 at Ahmedabad. It is the case of the Petitioner that after marriage as the marriage life was not going happily and as the Respondent-wife was not discharging her matrimonial obligation, the Petitioner preferred Hindu Marriage Petition No. 225 of 2009 before the learned Family Court, Ahmedabad under Section 13(1) of the Hindu Marriage Act for decree of divorce. The Respondent appeared through her advocate. As both the Petitioner and Respondent were mutually agreed for divorce, they gave a joint application under Section 13B of the Hindu Marriage Act which came to be numbered as H.M.P. No. 224 of 2011. HMP No. 225 of 2009 was therefore withdrawn. In HMP No. 224/2011, the parties by way of application Ex. 6 sought waiver of the statutory period of six months before passing of the decree of divorce. The learned Judge vide order dated 13.04.2011 rejected the application given below Exh. 6 in H.M.P. No. 224 of 2011. Hence, this petition.