NITIN S/O. SUDHAKAR ZAPARDE& ANR. Vs. NILL

JUDGEMENT

(1.) Rule. Heard finally by consent of the learned counsel appearing for the petitioners.

(2.) This petition challenges the order dated 132017 passed by the Family Court, Akola, below Exhibit 9 in Family Petition No.77 of 2016, rejecting the application for waiver of six months' period for passing a decree of divorce on the ground of mutual consent under Sec. 13B of the Hindu Marriage Act, 1955. The reasons recorded are - (i) that the law does not provide for waiver of statutory period of six months stipulated under Sec. 17B of the said Act, (ii) that there is nothing on record to show that the parties to the proceedings had contested any other litigation prior to the present petition for divorce by mutual consent so as to avail the benefit of pendency of the proceedings to seek waiver, and (iii) that the real reason for filing the application is the desire of the petitioner No.1/husband to remarry and nothing more, which reason has also been stated in the application under consideration.

(3.) This petition is filed jointly by both the husband and the wife. The marriage between them was solemnized on 3042012, and both of them are residing separately from 252014. Both were blessed with two daughters, who are minors. The petition for divorce by mutual consent was filed on 29112016. Both the daughters are residing with the petitioner No.1/husband from 13102015. The terms and conditions are agreed between the parties, which are stated in the petition in question.