JIGNESHKUMAR DILIPBHAI PATEL Vs. PRINCIPAL SENIOR CIVIL COURT

JUDGEMENT

(1.) Rule. On the facts and in the circumstances of the case, and with the consent of learned counsel for the petitioners, the petition is being heard and decided finally.

(2.) The present petition under Article 227 of the Constitution of India has been preferred, inter alia, with a prayer to quash and set aside the order dated 25.10.2013, passed by the learned Principal Civil Judge (S.D.), Kalol, below Exhibit 5, in Hindu Marriage Petition No.43 of 2013, and to issue directions that the said petition be disposed of within a period of fifteen days.

(3.) Briefly stated, the relevant facts of the case are that, petitioner No.1 (husband) got married to petitioner No.2 (wife), on 17.04.2009. The marriage was solemnized according to Hindu rites and rituals. The petitioners were unable to adjust with each other, due to irreconcilable temperamental differences and it became impossible for them to live together as husband and wife. According to the petitioners, their marriage has broken down irretrievably. Hence, the petitioners have mutually agreed that their marriage be dissolved as they are unable to reside together in spite of bona fide efforts made by relatives and friends. There is no hope that they would be able to resume their matrimonial relationship. The petitioners have not been cohabiting with each other ever since 11.06.2011, and are living separately. The petitioners have jointly executed a Divorce Deed on 23.09.2013, as per their custom and usage. However, the petitioners have also filed Hindu Marriage Petition No.43 of 2013, before the learned Principal Civil Judge (S.D.), Kalol, District: Gandhinagar, under Section 13 of the Hindu Marriage Act, 1955 ("the Act" for short), praying that the marriage solemnized between them be dissolved and a decree of divorce, by mutual consent, under section 13-B of the Act be passed. The said petition was filed on 09.10.2013. Along with the petition, the petitioners have filed an application (Ex.5) under section 13-B(2) of the Act, for waiving the statutory period of six months for passing a decree of divorce.