SUNITA Vs. YOGESH KUMAR

JUDGEMENT

(1.) This is a joint petition filed under Article 227 of Constitution of India for setting aside the order dated 26.02.2021 (Annexure P-3) passed by Principal Judge, Family Court, Fatehabad, 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 Kaur", 2010(4) SCC 393.

(2.) Succinctly, brief facts of the case are that marriage of the parties was solemnized on 29.01.2001 according to Hindu Rites and Ceremonies. The parties cohabited as husband and wife. The parties were blessed with two children, one male and a female. The son born to the parties unfortunately died. While, the daughter is stated to have been married and living in matrimonial home. Due to temperamental differences, both the parties started living separately since December, 2015

(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. All the disputes regarding permanent alimony etc. were settled between the parties. At the time of first motion hearing of the case, a sum of Rs. 2 lakhs (out of settled amount of Rs.5 lakhs) was paid by petitioner No.2 to petitioner No. 1, as is evident from a perusal of joint petition (Annexure P-l) filed by the parties. Both the parties moved an application for waiver of statutory period of six months, which has been dismissed by the Principal Judge, Family Court, Fatehabad, vide impugned order dated 26.02.2021.