PRINCIPAL JUDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Principal Judge, Family Court, Nagpur confronted with the divergent views expressed by the learned Single Judge of this Court in writ Smt. Savitri w/o. Sudesh Subba and Anr. v. The Principal Judge, Family Court, Nagpur Writ petition No.,431 of 2006 and (Sau. Sonali w/o Manishkumar Chandak and Anr. v. Nil,(2007 5Mh.LJ 615], in exercise of the limited jurisdiction vested in the court under Section 113 of the Civil Procedure Code, referred the matter for opinion and guidance of this Court vide his order dated 13th September, 2007 on the following questions:

(2.) Before discussing the merits of the arguments raised by the learned Counsel for the parties, reference to basic facts would be necessary. Facts giving rise to the reference

(3.) Tushar and Sou. Meenal were married at Nagpur on 9th May, 2006 according to Hindu rites. They lived together as husband and wife and co habited at Vadodara, Gujarat State till 1st September, 2006. According to the parties, attitudinal differences arose between the parties and they started living separately. Various efforts to improve their relations were made by their relatives and friends but were in vain and they continued to live separately. On 11.9.2007, they filed the petition under Section 13B of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the Act) for a decree of divorce by mutual consent. Alongwith the petition, a separate application was filed by the parties praying that the trial court should condone the period of six months as contemplated under Section 13 B(2) of the Act and instantaneous decree of divorce be granted in the interest of justice. The parties had relied upon the case of Sou. Sonali (supra) in support of their prayer for condoning the period of six months and for passing of a decree of divorce on mutual consent instantaneously. A divergent view of another Single Judge of this Court in another judgment, as already noticed, was also brought to the notice of the learned trial Judge resulting in passing of the order dated 13th September, 2007 making a reference to this Court.