M.L.Singhal, J. - (1.) This is a joint petition filed on 5/1/2001 under Section 13-B of the Hindu Marriage Act by Mohinder Pal Kaur (wife) and Gurmit Singh (husband) for the dissolution of their marriage by decree of divorce which the learned District Judge, Ludhiana has refused to allow prior to 5/7/2001 by curtailing the six months period as provided in Section 13-B(2) of the Hindu Marriage Act It is this order dated 5/2/2001 which has been called in question by the wife through this revision.
(2.) In support of the submission that the waiting period of 6 months by the Parliament in Section 13-B of the Hindu Marriage Act can be curtailed, the learned counsel for the petitioner has drawn my attention to Gurdhian Singh v. Gurmeet Kaur Notice of motion was given to the respondent. Shri H.V. Rai, Advocate accepted notice on behalf of the respondent. So that this point, whether the waiting period of 6 months as provided by the Parliament in Section 13-B(2) of the Hindu Marriage Act, could be curtailed, is, decided authoritatively, Shri Sanjeev Majithia, Advocate was requested to assist the court in this behalf Section 13-B of the Hindu Marriage Act reads as follows - 13B. Divorce by mutual consent -(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree
(3.) Learned counsel for the petitioner submitted that the court can order the curtailing of this 6 months period to a lesser period in fit cases where the court feels that the parties are mature enough and they have taken the decision to put an end to their marriage and free themselves from the shackles of marriage without any pressure, coercion or fraud etc. and after fully comprehending the pros and cons of this decision. It was submitted that this period of 6 months can be brought down to a lesser period and the court can order the dissolution of the marriage of the parties with their mutual consent under Section 13-B of the Hindu Marriage Act where the court feels that the parties have taken a conscious decision to dissolve their marriage by mutual consent and that neither party has been induced into this decision through fraud, coercion, undue influence or misrepresentation He submitted that the court could order the dissolution of the marriage of the parties earlier than 6 months of the date of institution of this petition of divorce with mutual consent so that they did not waste any time and rather planned their future course of starting life denvo. He submitted that this period of 6 months could be brought down in cases where the court feels that there was no use flogging a dead horse and that marriage be knocked out right now and the parties freed from the shackles of marriage so that they could plan their future course of starting life denouo and thus rehabilitating themselves;