Smt. Yogita vs Sagar Hablani
2021 Latest Caselaw 6651 MP

                                    1

          HIGH COURT OF M.P. : BENCH AT INDORE
                          M.P. No.3574/2021
                   Smt. Yogita W/o Sagar Hablani
             vs. Sagar Hablani S/o Sudamchand Hablani
Indore : 22/10/2021 :-
      Shri Sudhanshu Vyas, learned counsel for the petitioner (Wife).
      Shri Pawan Sharma, learned counsel for the respondent
(Husband).
                              ORDER

1. This miscellaneous petition under Article 227 of the Constitution of India is at the instance of petitioner/wife seeking indulgence in the matter of waiver of cooling period between the first motion and second motion under Section 13(B) of Hindu Marriage Act i.e. six months required for divorce decree on mutual consent relying upon the judgment of Hon'ble Supreme Court reported in 2017 (8) SCC 746 (Amardeep Singh Vs. Harveen Kaur).

2. Shri Vyas and Shri Sharma jointly submits that marriage between the parties was solemnized on 04/02/2018. However, due to mental incompatibility and temperament differences, it is not possible for both of them to live together. There is no love and emotions are dried out. Hence, further continuance of the marriage will be of no consequence. Since both of them cannot live like friends, they shall depart like friends.

3. The Court below by applying the statutory provisions under Section 13(B) of Hindu Marriage Act has directed both the parties to wait of six months after the first motion to ensure that parties may be given chance to settle and live together. However, the said possibility is not even remote, but absolutely cannot be ruled out.

4. Upon consideration, submission advanced by learned counsel for the parties and relying upon the judgment of Hon'ble Supreme Court in the case if Amardeep Singh(supra), the six months' period as contemplated u/S 13(B) of the Hindu Marriage Act is hereby waived of and both the parties are hereby directed to appear before the trial Court

on the next date of hearing seeking divorce decree on mutual consent.

5. At this stage, both the counsel submit that since the next date of hearing is in February, 2022, a shorter date may be given so that divorce decree may be passed.

6. Prayer accepted.

7. Let both the parties appear before the Court below on 09/11/2021.

8. With the aforesaid direction, the present petition stands disposed of.

C.C. as per rules.

                                                   (Pranay Verma)
Aiyer*                                                  Judge
Digitally signed by
JAGDISHAN AIYER
Date: 2021.10.23
18:14:06 +05'30'