POOJA DESWAL Vs. SAGAR DESWAL

JUDGEMENT

(1.) Heard.

(2.) Section 13B in The Hindu Marriage Act, 1955 (for short, the Act) provides for termination of a connubial bond by mutual consent of the parties to such a relationship. It reads as under:

(3.) Can the statutory waiting period of six months referred to in subsection (2) of Section 13B of the Act waived/condoned by the Court?, is the precise question, to seek an answer to which this petition under Section 115 of the Code of Civil Procedure (Code, for short) has been brought by the petitioner, because the question has been answered in the negative by the Court of learned Additional District Judge, Panchkula (Trial Court, for short) vide order dated 23.05.2014 passed on an application brought by the present petitioner and her co-petitioner under Section 151 of the Code, which was brought by the parties to seek waiver of the statutory waiting period of six months in a petition for dissolution of marriage of the parties to that petition by mutual consent under Section 13B of the Act on the plea that marriage between the parties did not work owing to temperamental differences. In the application for condonation of period of six months, it was stated that the parties to the petition are quite young, have been living separately from each other for the last more than two years and both of them being well educated and mature have decided to determine the conjugal relationship after due deliberations and a series of mediations. Learned Trial Court dismissed the application vide order dated 23.05.2014 in view of the law laid down by the Hon'ble Supreme Court in Anil Kumar Jain v. Maya Jain, 2010 AIR(SC) 229 .