- (1.) This writ petition has been filed under Article 32 of the Constitution of India for awarding the decree of divorce, annulling the marriage of the parties herein; and/or issue directions waiving the statutory period of six months provided under Section 13-B(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the 1955 Act").
(2.) The facts and circumstances giving rise to the present case are that the petitioner and the respondent got married on 30-11-2008 according to Hindu rites in Delhi. They separated just after two days of their marriage i.e. on 2-12-2008. A petition for dissolution of marriage by consent being HMA No. 197 of 2009 dated 9-9-2009 was filed under Section 13-B(1) of the Act, 1955.
(3.) The Family Court of Delhi vide order dated 25-11-2009 accepted the said HMA No. 197 of 2009 (titled as Poonam v. Sumit Tanwar) observing as under: "7. In view of Section 13-B(2) of the Hindu Marriage Act, the marriage between the parties cannot be dissolved straightaway in the present case. As per the statutory requirement, parties are advised to make further efforts for reconciliation in order to save their marriage. In case they are unable to do so, the parties may come up with the petition of second motion under Section 13-B(2) of the Hindu Marriage Act as per law. The present petition under Section 13-B(1) of the Hindu Marriage Act is hereby allowed and stands disposed of....";