VINOD K.SHARMA,J - (1.) THE petitioner by way of present revision petition has challenged the order dated 1.9.2006 passed by the learned Additional District Judge, Karnal, vide which the application moved by the petitioner for waiving/condoning the statutory period of six months for grant of mutual divorce under Section 13-B of the Hindu Marriage Act for short the 'Act') has been declined.
(2.) THE parties were married on 9th April 2000 according to Hindu rites and ceremonies. However, no issue was born out of the wedlock. Later on due to indifference in thinking and different attitude, the parties could not adjust with each other and they decided to seek divorce by mutual consent and filed a joint petition under Section 13-B of the Act for dissolution of marriage on 24th July, 2006. Their statements were recorded on 25th July, 2006 and period of six months was given to rethink about reconciliation. The said six months' period is to expire on 25.1.2007. The petitioner thereafter moved an application alleging therein that the father of the petitioner lodged FIR No. 344 dated 11.8.2000 under Sections 406 and 498-A of Indian Penal Code in Police Station, Assandh, District Karnal. The said matter was subsequently compromised between the parties. Thereafter another Criminal Misc. Petition No. 801/M of 2001, titled as Tej Kaur and others v. State of Haryana was filed before this Court in which proceedings were stayed and, therefore, it was pleaded that the marriage is irretrievably broken and that all the disputes have been settled by the parties vide compromise dated 17th of July 2006. It was further claimed that there was no hope of reconciliation. Thus a prayer was made for condoning the period of six months so as to grant a decree of divorce by mutual consent. However, the said application has been dismissed by the learned Additional District Judge observing that there were chances of reconciliation as the present application was moved after one month of filing of the petition for divorce and, therefore, it was not appropriate to waive off six months' statutory period. It was further observed that if the Panchayat can settle the dispute arising out of a criminal case, then it can also persuade the parties to live amicably as husband and wife. It was further held that the period of six months has been provided to the parties to rethink over the matter and settle their dispute. Therefore, the application was dismissed.
(3.) MR . Sanjiv Gupta, learned counsel for the petitioner by placing reliance on the judgment of the Hon'ble Supreme Court in the case of Anjana Kishore v. Puneet Kishore, 2002(10) SCC 194 contended that it was open to the Family Court to dispense with the need of waiting of six months which is otherwise required by sub-section (2) of Section 13-B of the Hindu Marriage Act. The operative part of the judgment relevant to this case reads as under :- "In view of the developments which have taken place during the pendency of proceedings in this Court, we decline to transfer the case from the Family Court at Bandra, Mumbai to the Family Court at Saharanpur. We, however, direct that as agreed to by learned counsel for the parties, a joint petition shall be filed by the parties before the Family Court at Bandra, Mumbai for grant of divorce by mutual consent. Terms of compromise as filed before us shall also accompany the joint petition. An application for curtailment of time for grant of divorce shall also be filed along with the joint petition. On such application being moved the Family Court, may, dispensing with the need of waiting for six months, which is required otherwise by sub-section (2) of Section 13-B of the Hindu Marriage Act, 1955, pass final order on the petition within such time as it may deem fit. This direction we are making under Article 142 of the Constitution, as looking at the facts and circumstances of the case emerging from pleadings of the parties and disclosed during the course of hearing, we are satisfied of the need of making such a direction to do complete justice in the case. The parties shall present themselves before the learned Presiding Officer, Family Court at Bandra, Mumbai on 17.9.2001 when the learned Presiding Officer shall take further appropriate steps." ;