RAKESH HARSUKHBHAI PAREKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The Petitioner and Respondent No.2 are husband and wife. They married on 20.5.2005. They started living separately since 19.5.2006. The Petitioner-husband filed a Petition under Section 13 of the Hindu Marriage Act for divorce on the ground of cruelty of Respondent No.2 on 12.6.2007. After part evidence was recorded in the Petition, the parties settled their dispute. They withdrew allegations against one another and filed Consent Terms on 16.12.2009 with regard to the grant of divorce for withdrawal of the allegations and the grant of lump sum alimony to the wife. Thereafter they made a joint application for 'waiver' of the 6 months period for acting upon the Consent Terms and obtaining a divorce by mutual consent under Section 13-B of the Hindu Marriage Act on 14.1.2010. Their application has come to be rejected on the ground that the period cannot be waived and that the Petition has to be adjourned for 6 months.

(3.) Section 13 of the Hindu Marriage Act is in respect of dissolution of a marriage by a decree of divorce on the grounds stated therein. Consequently, under that section upon proof of any of the grounds the marriage could be dissolved by decree of divorce.