MEGHA GOLECCHA Vs. RAKESH GOLECCHA

JUDGEMENT

(1.) It is submitted by both the parties that they have arrived at a compromise for dissolution of marriage by settlement and have moved a petition before the trial Court under Section 13-B of the Hindu Marriage Act for a decree of divorce by mutual consent. The grievance of the parties before this Court is that as per the settlement arrived at between the parties, permanent alimony was paid, so the waiting period of six months, as provided under Section 13-B of the Hindu Marriage Act could have been waived and a decree of divorce may have been passed by the trial Court.

(2.) From perusal of the impugned order dated 17.05.2013, we find that there is no consideration of such a prayer by the trial Court. The appellant, if had moved before the trial Court such an application, it could have been pressed and a reasoned order could have been passed by the trial Court, but it appears that the aforesaid application was not pressed or considered and there is no order on merits of such a prayer.

(3.) Though learned counsel for the appellant has tried to argue that such an application was moved, it was not considered by the trial Court and the case has been fixed after a waiting period of six months, so the aforesaid prayer can be deemed to have been rejected, but the aforesaid contention cannot be accepted. If such an application was moved, the appellant ought to have made such a prayer before the trial Court.