KAVITA RANI Vs. HARMAN SINGH SEKHON

JUDGEMENT

(1.) This is a petition filed under Article 227 of Constitution of India for setting aside the order dated 19.11.2020 (Annexure P-6) passed by Principal Judge, Family Court, Yamuna Nagar at Jagadhari, whereby application for waiver of statutory period of 06 months filed in a joint petition under Section 13-B of the Hindu Marriage Act, has been dismissed, being not in consonance with the guidelines laid down by Supreme Court in case titled as "Amardeep Singh v. Harveen Singh", 2017 (4) RCR (Civil) 608.

(2.) Succinctly, brief facts of the case are that marriage of the parties was solemnized on 15.04.2017 at Yamuna Nagar according to Sikh Rites and Ceremonies. The parties cohabited as husband and wife at Ludhiana. No child was born out of the said wedlock. However, petitioner No.1 has one daughter namely Prachi from her previous marriage, whose custody is with her. Due to temperamental differences, both the parties started living separately since October, 2017.

(3.) Since there were no chances of reconciliation, therefore, the parties filed a joint petition for dissolution of their marriage by way of mutual consent, under Section 13-B of HMA before the Family Court on 12.11.2020. All the disputes regarding permanent alimony, legal custody of daughter Prachi, jewellery etc. were settled between the parties. At the time of first motion hearing of the case, a sum of Rs. 1,85,000/- (out of settled amount of Rs.3,70,000/-) was paid by petitioner No.2 to petitioner No.1 on 12.11.2020, as is evident from a perusal of zimni order of that date. Both the parties moved an application for waiver of statutory period of six months, which has been dismissed by the Principal Judge, Family Court, Yamuna Nagar at Jagdhari, vide impugned order dated 19.11.2020 (Annexure P-6).