EKTA Vs. VISHAL SINGLA

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated October 25, 2007 passed by the learned District Judge, Panchkula whereby application filed under Section 13-B of the Hindu Marriage Act, 1955 (for short "the Act") for a decree of divorce by way of mutual consent was dismissed as not maintainable.

(2.) THE parties were married as per Hindu rites on April 22, 2006 at Mandi Ahemdgarh, District Sangrur, (Punjab). Thereafter they resided for a short period at Mandi Gobindgarh. No child was born out of the wedlock. Because of temperamental differences between the parties, they had been residing separately since June 29, 2006. To explore the possibility of settlement, they resided under one roof from April 26, 2007 to July 10, 2007. However, during this period, it is admitted by both the parties that they never cohabited. The issues between the parties have already been settled. Even a sum of Rs. 5 lacs on account of permanent alimony has also been paid to the wife by the husband and they have mutually agreed not to indulge each other in any civil or criminal litigation. However, learned Court below keeping in view the provisions of Section 13-B of the Act and also the fact that parties had resided together from April 26, 2007 to July 10, 2007 and on the date of filing of the petition i.e. October 04, 2007 they had not been living separately for the last more than one year, dismissed the petition.

(3.) STILL further submission is that even if it is assumed for the sake of argument that statutory period has not expired before filing the petition,even then this Court can very well condone the statutory period keeping in view the circumstances of the case. Reference has been made to order passed by this Court in Amit Jain v. Taruna Jain, 2007(3) Recent Civil Reports 785 (P&H) wherein keeping in view the circumstances therein, this Court condoned the statutory period and directed the learned Courts below to pass the appropriate orders.