ANAMIKA SHRIVASTAVA Vs. VIVEK SHRIVASTAVA

JUDGEMENT

(1.) CHALLENGE in this petition under Article 227 of the Constitution is made to order dated 11-9-2007 Annexure P-6 passed by the Family Court, Gwalior, refusing to take up an application filed by the parties under Section 13-B of the hindu Marriage Act for consideration on the ground that the period of six months as contemplated under the said section is not over.

(2.) PROCEEDINGS before the Family Court, Gwalior have been initiated by the parties concerned by filing an application under Section 13-B of the hindu Marriage Act and they have sought dissolution of marriage on various grounds by mutual consent. A prayer was made for consideration of this application and taking it up for hearing, this prayer has been rejected and by the impugned order the case is adjourned for 12-3-2008 on the ground that orders on the application cannot be passed without waiting for a period of six months and the decree of mutual consent can be passed only after the aforesaid period of six months is over. When the matter was taken up for hearing 17-9-07, both the petitioner and respondent were present and it was stated by them that the application has been jointly filed by them and they want dissolution of marriage. It was stated that their marriage has broken down, there is no chance of reconciliation and therefore, the marriage be dissolved. However, the matter was adjourned for today for considering the legal question as to whether the marriage can be directed to be dissolved by way of mutual consent under Section 13-B of the Hindu Marriage Act even before the period of six months contemplated under sub-section (2) thereof is over.

(3.) IN pursuance to the observation made by this Court on 17-9-07 Shri p. K. Chaturvedi, learned Counsel for petitioner has filed a application being i. A. No. 14698/2007, bringing on record affidavit of petitioner Smt. Anamika shrivastava and respondent Vivek Shrivastava along with application filed on 19-9-07 under Section 13 (B) of the Hindu Marriage Act, for the first time before this Court seeking dissolution of marriage by mutual consent in this proceeding itself. Shri P. K. Chaturvedi, learned Counsel for petitioner further invites my attention to a judgment of Andhra Pradesh High Court in the case of grandhi Venkata Chittiabbai Vs. Grandhi Padma Lakshmi, 1999 Matrimonial law Reporter 324 and another judgment of Gujrat High Court in case of Brijal chandreshbhai Bhatt Vs. Chandreshbhai Sahdevbhai Bhatt, 1999 Matrimonial law Reporter 575, to indicate that the waiting period of six months as indicated under Section 13-B of the Hindu Marriage Act is not statutory and mandatory condition, in a given case where the parties pray for dissolution of the marriage and when the marriage has broken down and there is no possibility of any reconciliation, decree of dissolution can be passed under Section 13-B of the hindu Marriage Act even before the period of six months is over.