K THIRUVENGADAM Vs. NIL

JUDGEMENT

(1.) THE revision is directed against the order of the learned Subordinate judge, Thirupattur made in IA No. 109 of 2007 in HMOP No. 101 of 2007 dated 17-9-2007, under which the learned Subordinate Judge, by considering the said application filed jointly by both the husband and wife for divorce by mutual consent and also petition praying for condoning the six month period, directed the matter to be called after six months, viz. , on 20-3-2008.

(2.) BOTH the husband and wife, who are the joint petitioners represented by the same counsel have filed the said application for divorce by mutual consent and it is not in dispute that provisions of Section 13-B (1)of Hindu Marriage Act, 1955 (in short, "the act") has been complied with and based on that they were also examined in the Subordinate Court. However, considering the said application filed by both the parties for condoning the six months period, the learned judge, has in effect refused the same and having taken evidence, posted the case after six months. It is, as against that part of the order of the learned Judge, present revision is filed jointly by the husband and wife.

(3.) THE points raised on behalf of the par -ties as it is seen in the affidavit filed in support of the above petition is that for the past two years, the petitioners have been living separately and there was no chance of reunion. Moreover, the wife, who is a joint petitioner, is aspiring for higher studies in abroad and if she is made to wait for six months time, she will be loosing the opportunity to proceed with her higher studies. In view of the same, the petitioners have jointly prayed for waiving of the statutory requirement of six months time.