SAROJA KUMAR MAHONTY Vs. FAMILY COURT, CUTTACK

JUDGEMENT

(1.) Heard the submission of Mr.SJ. Mohanty, learned counsel appearing for both husband and wife.

(2.) Petitioners filing the present writ petition challenge the order dtd. 9/3/2021, passed by the Judge, Family Court, Bhubaneswar in rejection of an application for waiving the six months locking period in considering an application under Sec. 13-B of the Hindu Marriage Act, 1955 at the instance of both husband and wife.

(3.) Taking this Court to the position of the parties in the Family Court being undertaking a joint exercise for divorce at their instance and further taking this Court to the decision of Hon'ble apex Court in the case of Amardeep Singh Vrs. Harveen Kaur ; AIR 2017 SC 4417, Mr. Mohanty, learned counsel appearing for both husband and wife contended that the rejection of the joint application of the petitioners taking note of an earlier decision becomes bad. A request is thus made by both the petitioners by interfering in the impugned order to direct the Judge, Family Court, Bhubaneswar for immediate disposal of the proceeding U/S.13-B of the Hindu Marriage Act, 1955.