IN RE: R. JEGANNATHAN Vs. STATE

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the return of I.A.SR. No. 4635 of 2014 in O.P. No. 1737 of 2014 to dispense with six months' cooling period while filing Application under Section 13-B of Hindu Marriage Act. Learned Counsel for the Petitioners submitted that the marriage between the Petitioners 1 & 2 were performed on 25.1.2006. Due to difference of opinion, the First, Petitioner/husband filed O.P. No. 2519 of 2011 on the file of the Principal Family Court, Chennai, for divorce on the ground of cruelty and desertion. Likewise, the Second Petitioner/wife has also filed O.P. No. 2918 of 2012 for divorce on the ground of cruelty and desertion (i.e.) the same relief as sought for by her husband. It is further submitted that, the father of the Second Petitioner/wife has given a Complaint against the First Petitioner and his parents before W-19, All Women Police station, Adyar and the case has been registered under Sections 498-A, 294(b), 323 & 506(i), I.P.C., on 9.4.2010. So the First Petitioner and his parents filed a Quash Application under Section 482 of Cr.P.C. in Crl. O.P. No. 25867 of 2013 for quashing F.I.R. At the time of enquiry on Crl. O.P. No. 25867 of 2013, the matter was referred to the Tamil Nadu Mediation and Conciliation Centre, High Court, Chennai, wherein the matter was settled between both the patties and it was agreed by them to file Petition under Section 13-B of Hindu Marriage Act for divorce of mutual consent. In pursuance of the same, mediation agreement has been entered into between First and Second Petitioners on 29.4.2013 and immediately the Petitioners appeared before the Principal Family Court, Chennai and filed an Application under Section 13-B of the Hindu Marriage Act for divorce on mutual consent and at the time of filing the same, they filed the Application for dispensed with six months cooling period as contemplated under Section 13-B of the Hindu Marriage Act. But the Trial Court returned that Petition.

(2.) The point to be decided is that whether six months' cooling period is mandatory and whether it can be dispensed with?

(3.) Under such circumstances, learned Counsel for the Petitioner sought for allowing the Application for dispensing with six months' cooling period for recording evidence and granting divorce by mutual consent.