MEGHA SANCHETI Vs. SIDDHARTH SANCHETI

JUDGEMENT

(1.) Both husband and wife is present in the Court along with the counsels submit that the impugned order dtd. 16/1/2019 passed by the learned Judge, Family Court No. 1, Jodhpur be set aside, whereby he has refused to condone the six months period under Sec. 13B(2) of the Hindu Marriage Act which provides for six months time to be kept for chances of conciliation and restoration of relations between the couple. Learned counsel submits that both the applicants had moved the application under Sec. 13B(2) for seeking divorce on 3/1/2019 willingly and have been living separately from each other from 12/7/2017. They were married on 3/1/2012.

(2.) Keeping in view that they have been living separately for almost one and half year, the learned Judge ought to have allowed the application and ought not have been insisting for keeping the matter further pending for six months. Learned counsels rely upon the law laid down by the Apex Court in 2017 DNJ SC 859 (Amardeep Singh v. Harveen Kaur) wherein the Apex Court has held as under:-

(3.) Taking into consideration the submissions raised before this Court and also taking into consideration that both the parties present before this Court have requested this Court to allow their application under Sec. 13(B) and grant there mutual divorce and there are no chances for reconciliation and all the conditions mentioned above are fulfilled this Court sets aside the order dtd. 16/1/2019 and further directs the learned Judge, Family Court No. 1 to pass an appropriate decree under Sec. 13(B) without insisting on the period as provided in 13(B)(2). The learned Judge, Family Court shall accordingly passed an order within period of seven days from the date of submission of certified copy of this order.