LOVESON MELWIN Vs. NORINA JAMES

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 16/5/2024 (Annexure-3) passed by the learned Family Court No.3, Jodhpur Metro in Case No. 440/2024 whereby the joint application dtd. 15/4/2024 (Annexure-2) as filed by the parties was adjourned for a period of six months by the learned Court.

(2.) Both the learned counsel for the parties i.e. the petitioner as well as the respondent submit that an application was preferred before the learned Family Court under Sec. 28 of the Special Marriage Act, 1954 (hereinafter referred to as 'the Act of 1954') with a prayer for grant of decree of divorce by mutual consent. Learned Family Court refused to waive the statutory period of six months on the premise that the present application was not in terms of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') but was filed under the provisions of the Act of 1954.

(3.) Learned counsel for the petitioner submits that the provision of Sec. 13B(2) of the Act of 1955 is akin to Sec. 28(2) of the Act of 1954. She further submits that the issue involved in the present petition has already been decided by the Division Bench of this Court at Jaipur Bench in the matter of Smt. Nisha Yadav Vs. Sandeep Yadav (D.B. Civil Misc. Appeal No. 2505/2019) decided on 9/7/2019, wherein it has been observed that Sec. 13-B(2) of the Act of 1955 is not mandatory but directory and it will be open for the Family Court to exercise its discretion in the facts and circumstances of each case.