CHAITANYA DORGE Vs. POOJA CHAITANYA DORGE

JUDGEMENT

(1.) Learned counsel for the parties jointly submit that an application under section 13-B of Hindu Marriage Act is pending consideration before the court below. Both the parties submit that there is no possibility of reconciliation or reunion between the parties and, therefore, no useful purpose would be served in compelling them to wait for cooling of period. They submit that the court below has fixed the matter on 22.4.2013 but the parties be permitted to file an application for preponing the matter before the court below with further direction to the court below to consider the application under section 13-B expeditiously.

(2.) In my opinion, if there is no possibility of reconciliation or reunion between the parties, the said period can very well be relaxed. This was held by this Court in following judgments:-

(3.) In the light of aforesaid judgments, I deem it proper to set aside the order passed by the court below and permit the parties to prefer an application for early hearing of the matter on the application under section 13-B of the Act. In the event such application is filed, it will be lawful for the court below to deal with it expeditiously by following the ratio of the judgment in Smt. Anamika Shrivastava's case .