SMT. BALJEET KAUR Vs. HARJEET SINGH

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioner has called in question the legality, validity and propriety of the order dated 02/06/2018 passed in case No. 33/2018 HMA passed by the First Additional Sessions Judge, Gwalior (M.P.) whereby the application filed under section 151 of CPC seeking waiving off six months cooling period for mutual divorce.

(2.) Brief facts leading to filing of this case are that the petitioner and respondent are wife and husband. Their marriage was solemnized on 15/01/2003 as per the sikh rituals at Baraipura Mohana District Gwalior (M.P.). Thereafter, both of them lived together at Dabra and there is no issue out of their wedlock. After passage of time, certain dispute arose between them but no relation was established. Thereafter, various efforts were made to resolve the dispute between both of them as well as family members and decided to file an application under Section 13-B of the Hindu Marriage Act (herein after referred to as the "Act") seeking decree of divorce by mutual consent. Thereafter, efforts were made to settle the dispute by way of mediation and conciliation proceedings but the same failed. Subsequently, both of them made an oral prayer for waiving off cooling period of six months but the court did not waive the period and fixed the date on 26/09/2018 for consideration of application under Section 13-B of the Act.

(3.) Being aggrieved the petitioner filed WP No. 2418/2018 before this Court vide order dated 10/05/2018. The petition was disposed of with the direction to the Trial Court to consider the case of both the parties afresh. Thereafter, application was filed under section 151 of the CPC by both the parties for waiving off the period of six months in the light of Apex Court judgment Amardeep Singh v. Hardeep Singh Kaur reported in 2017 (8) SCC Page No. 746 . The Trial Court have considered the law laid down by the Apex Court as well as this Court rejected the application under section 151 of CPC. Being aggrieved by the impugned order dated 02/06/2018, the present petition has been filed.