SMT. BALJEET KAUR Vs. HARJEET SINGH

JUDGEMENT

(1.) With consent heard finally.

(2.) The present petition is preferred by the petitioner who, alongwith her spouse respondent, Harjeet Singh filed an application under Section 13-B of Hindu Marriage Act (hereinafter referred as to 'the Act') before the First Additional District Sessions Judge, Dabra, District Gwalior as Family Court vide case No. 33/2018 on the basis of judgment passed by the Apex Court in the case of Amardeep Singh v. Harveer Kaur reported in 2017 (8) SCC 746 thereby submitting that the period of six months as stipulated in Section 13-B of the Act be waived of if there is No. possibilities of settlement and parties cannot be forced to suffer mental agony by way of waiting for further six months. It is the grievance of the petitioner and respondent that the court below did No. consider the said aspect and placed the matter on 26.09.2018 vide order dated 24.03.2018. The same is contrary to the mandate of the Apex Court in the case of Amardeep Singh (Supra).

(3.) Learned counsel for the respondent is in unison at least in respect of provision stipulated under Section 13-B of the Act that waiting period between two motions be waived of as each of them want to get rid of relationship at the earliest.