Prakriti Sinha vs Mohit Raj Shrivastava
2021 Latest Caselaw 5708 MP

                                                                        1                             MP-2900-2021
                                           The High Court Of Madhya Pradesh
                                                      MP-2900-2021
                                                          (PRAKRITI SINHA Vs MOHIT RAJ SHRIVASTAVA)


                                   Indore, Dated : 20-09-2021
                                         Shri P.R. Bhatnagar, learned counsel for the petitioner.

                                         Ms Rekha Shrivastava, learned counsel for the respondent.

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 u/S

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).

Shri Bhatnagar and Ms Shrivastava jointly submits that marriage between the parties was solemnized on 20.01.2020. 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.

The Court below by applying the statutory provisions u/S 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.

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.

At this stage, both the counsel submit that since the next date of Signature Not Verified SAN hearing is in January, 2022, a shorter date may be given so that divorce Digitally signed by SEHAR HASEEN Date: 2021.09.21 11:21:46 IST 2 MP-2900-2021 decree may be passed.

Prayer accepted.

Let both the parties appear before the Court below on 28.09.2021. With the aforesaid direction, the present petition stands disposed of.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.09.21 11:21:46 IST