TALLAPANENI SREEKANTH Vs. STATE

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India by the petitioners, who are husband and wife, is filed seeking directions to the learned Judge, Family Court -cum -IX Additional District Judge, East Godavari District, Rajahmundry for disposal of HMOP.No.67 of 2015.

(2.) I have heard the submissions of Sri Vedula Venkata Ramana, learned senior counsel for the petitioners. I have perused the material record.

(3.) The facts as borne out by the material record and as per the submissions of the learned senior counsel, in brief, are as follows: The 1st petitioner is the husband of the 2nd petitioner. There was no consummation of marriage. On account of differences between them, they had started living separately since 08.12.2008. The 1st petitioner had originally filed against the 2nd petitioner, OP.No.1256 of 2011 under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (the Act, for brevity) on the file of the Additional Family Court, Hyderabad for grant of divorce. The said OP was transferred to the Family Court vide orders dated 20.04.2015 passed by the Supreme Court in IA.No.1 of 2015 in Civil Appeal No.6721 of 2013. At the intervention of friends and relatives, both the parties had compromised the disputes between them and as per the terms of the compromise, this Court vide common orders dated 08.02.2016 passed in Crl.P.No.14814 of 2014 had quashed the proceedings against the 1st petitioner and others (accused 1 to 3) in CC.No.8 of 2014 on the file of the Court of the learned II Additional Judicial Magistrate of First Class, Kakinada. In view of the compromise, the original petition filed for divorce i.e., OP.no.1256 of 2011 was got amended and converted into a petition under Section 13 -B of the Act to enable the parties to seek divorce by mutual consent by withdrawing adverse allegations made against one another. The 1st petitioner agreed to pay Rs.16,00,000/ - to the 2nd petitioner towards full and final settlement of all her claims towards maintenance and permanent alimony and the 2nd petitioner has agreed to receive the same towards all her claims and towards full and final settlement. Rs.8,00,000/ -, which is half of the aforementioned amount, was already paid by way of cash to the 2nd petitioner in the presence of a learned Judge of this Court during the pendency of the proceedings in Crl.P.No.14814 of 2014 and the remaining half is yet to be paid. In view of the understanding to obtain divorce by mutual consent, adverse allegations made in the pleadings of both parties in OP.No.1256 of 2011 were withdrawn and the 2nd petitioner had also admitted that she has already taken all her ornaments, jewellery and streedhana property and her belongings and that she had stated that she has no claim of any nature whatsoever in respect thereof against the 1st petitioner and his parents. Having so agreed, the petitioners requested the Family Court to waive the period of six months, that is, the waiting period of six months as they have been living separately since 08.12.2008 and the proceedings for divorce are pending since 2011 and as they have compromised the matter and are now seeking divorce by mutual consent. However, the Court below had refused to entertain their request and waive the period of six months, which is a mandatory period of waiting.