VIJAY BISHNOI,J. - (1.) This writ petition has been preferred on behalf of the petitioner, who is a qualified doctor practicing in dentistry, being aggrieved with the order dated 9.10.2017 passed by the Addl. Sessions Judge No. 1, Nagaur (for short 'the court below') in Hindu Marriage Case No. 82/2017, whereby the joint application filed by the petitioner and the respondent for waiver of six months period as prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955) has been been dismissed. Learned counsel Mr. Sanjay Mathur has put in appearance on behalf of the respondent and has submitted that the respondent is also aggrieved with the order impugned and the petitioner has filed this writ petition with the consent of the respondent. Mr.Mathur has submitted that he has no objection if the relief prayed for in this writ petition is granted. Brief facts of the case are that the marriage of the petitioner and the respondent was solemnized as per Hindu customs on 18.2.2014 in Nagaur City. As observed earlier, the petitioner is a qualified doctor practicing in dentistry, however, the respondent is a member of Indian Accounts Service and at present working in New Delhi. It appears that soon after the marriage, the relations of the petitioner and the respondent became strained and both of them are residing separately from about more than one year and eight months. Despite regular counselling by the near relatives of the petitioner and the respondent and despite best efforts by the parties, the matrimonial dispute between them could not be settled and therefore the petitioner and the respondent have jointly filed application under Section 13-B of the Act of 1955 seeking divorce by mutual consent before the court below on 4.9.2017.
(2.) The court below has registered the said application on 5.9.2017 and fixed the next date in the case as 7.3.2018 for the purpose of counselling of the parties.
(3.) In the meantime, on 5.10.2017, a joint application has been preferred on behalf of the petitioner and the respondent with a prayer for waiving six months' statutory period as specified under Section 13-B(2) of the Act of 1955. Arguments on the said application were heard and the court below has dismissed the said application vide order dated 9.10.2017.;