MAYANK SHRIVASTAVA Vs. RITU SHRIVASTAVA

JUDGEMENT

(1.) This revision under Section 115 of CPC has been filed against the order dated 12.03.2019 passed by Principal Judge, Family Court, Ashoknagar in Case No. 15-A/2019, by which the application filed by the applicant under Section 151 of CPC for waiver of period of 6 months as provided under Section 13-B of Hindu Marriage Act has been rejected.

(2.) The necessary facts for the disposal of the present revision in short are that the applicant as well as respondent have filed an application under Section 13-B of Hindu Marriage Act for grant of divorce by mutual consent. It appears that by order dated 12.03.2019 the statements of the parties were recorded and the case was adjourned for a period of 6 months with an advise to the parties to reconsider their decision for obtaining divorce. After the said order was passed, it appears that an application under Section 151 of CPC was filed seeking waiver of mandatory period of 6 months on the ground that since the respondent is a Teacher in a private school at Dabra, whereas the applicant is a doctor and, therefore, the parties cannot attend the Court frequently and thus, the period of 6 months may be waived and decree of divorce may be passed. The said application has been rejected on the ground that the same is not in accordance with law.

(3.) It is submitted by the counsel for the applicant that so far as the provision of 6 months under Section 13-B of Hindu Marriage Act is concerned, it is merely directory in nature and is not mandatory in nature and to substantiate his submission, counsel for the applicant has relied upon the judgment passed by the Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur, 2017 8 SCC 746.