SRI DEBMEET PATRO Vs. FAMILY COURT, CUTTACK

JUDGEMENT

(1.) HEARD Ms. S. L. Patnaik, learned counsel for the petitioner and Mr. S. K. Das, learned counsel for the opp. party No. 2.

(2.) THE petitioner and the opp. party No. 2 are married to each other and a certificate of marriage in proof of such marriage between the petitioner and opp. party No. 2 was issued by the Special Marriage Officer, Khurda, Bhubaneswar under Section 13 of the Special Marriage Act, 1954. Since the marriage between the petitioner and opp. party No. 2 broke down, the petitioner and opp. party No. 2 filed an application for mutual divorce and also filed an application under Section 28(2) of the Special Marriage Act 1954 for waiving the statutory period of six months for which the parties have to wait before a decree for mutual divorce is passed. The said application for waiving the statutory period of six months was, however, rejected by order dated 29.4.2004 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 241 of 2004. Aggrieved by the said order dated 29.4.2004, the petitioner has filed this writ petition under Articles 226 and 227 of the Constitution. Mr. Patnaik, learned counsel for the petitioner and Mr. Das, learned counsel for the opp. party No.2 submitted that all efforts for reconciliation between the petitioner and the opp party No.2 have failed and the marriage has been broken down irretrievably and there is absolutely no chance for the petitioner and the opp. party No. 2 for being reunited. The opp. party No. 2 has further stated in an affidavit filed in this Court that her marriage to another person is being negotiated by her parents. The petitioner states that he wants to go abroad, but he is not in a position to go unless the marriage between the petitioner and opp. party No. 2 is dissolved and Civil Proceeding No. 241 of 2004 is completed.

(3.) WE , therefore, set aside the order dated 29.4.2004 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 241 of 2004 and direct that the petitioner and the opp. party No. 2 will appear before the Judge, Family Court, Cuttack on 5th July 2004 who will thereafter pass fresh orders in accordance with law. Urgent certified copy of this order be supplied on proper application. Application disposed of.