SUKHJEET KAUR Vs. GURVIR SINGH

JUDGEMENT

(1.) Both the petitioners i.e. Wife and husband are aggrieved against the order of the Family Court, Camp Court, Malerkotla dtd. 20/7/2021 (Annexure P-6), whereby the application for waiving off the mandatory period of six months has been rejected. The reasoning given is that in the judgment by the Apex Court in Amandeep Singh v. Harveen Kaur 2017 (4) RCR (Civil) 608, it has been held that where there are no chances of reconciliation, six months period cannot be waived off except in exceptional circumstances and the parties are thus aggrieved by the impugned order.

(2.) Counsel for the petitioners submits that the joint statement on first motion was recorded on 20/5/2021 in the petition filed under Sec. 13-B of Hindu Marriage Act on the ground that husband is residing abroad in Houston TX (USA) since 2019. The parties are living separately since then and three children, which were borne out of the wedlock remained with the husband. The same is clear from the statement of the wife Sukhjeet Kaur, recorded on 20/5/2021. Same terms and conditions have been incorporated in the statement of husband, who had put in appearance through special power of attorney. It is submitted that in such circumstances, the application has been filed on account of proposal of marriage of petitioner No. 1-wife received and praying that the mandatory period of six months be waived off.

(3.) The facts of the case would go on to show that the parties have settled the matter and are mature to the extent that first petitioner is 34 years old and petitioner No.2 is 35 years of age and had been blessed with 3 children. It is not disputed that the husband is also staying abroad for the last more than two years and they are staying separately since then and even they have settled regarding the children. In such circumstances, further waiting period will only prolong the proceedings and it is a fit case to exercise the jurisdiction of this Court in waiving off the mandatory period of six months. The said judgment in Amandeep Singh. Harveen Kaur (supra) has not been appreciated in its real sense by the Family Court. The relevant portion reads as under:-