AMARJIT KAUR Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THE petitioner by way of present revision petition has challenged the order dated 1.9.2006 passed by the learned Additional District Judge, Karnal, vide which the application moved by the petitioner for waiving/condoning the statutory period of six months for grant of mutual divorce under Section 13-B of the Hindu Marriage Act for short the 'Act') has been declined.

(2.) THE parties were married on 9th April 2000 according to Hindu rites and ceremonies. However, no issue was born out of the wedlock. Later on due to indifference in thinking and different attitude, the parties could not adjust with each other and they decided to seek divorce by mutual consent and filed a joint petition under Section 13-B of the Act for dissolution of marriage on 24th July, 2006. Their statements were recorded on 25th July, 2006 and period of six months was given to rethink about reconciliation. The said six months' period is to expire on 25.1.2007.

(3.) MR . Sanjiv Gupta, learned counsel for the petitioner by placing reliance on the judgment of the Hon'ble Supreme Court in the case of Anjana Kishore v. Puneet Kishore, 2002(10) SCC 194 contended that it was open to the Family Court to dispense with the need of waiting of six months which is otherwise required by sub-section (2) of Section 13-B of the Hindu Marriage Act. The operative part of the judgment relevant to this case reads as under :-