Sushil Kumar Pathak vs Smt Radha Pathak W/O Shri Sushil ...
2022 Latest Caselaw 8355 MP

                                   1
          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                             BEFORE
         HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                          ON THE 23rd OF JUNE, 2022

                   MISC. PETITION No. 2476 of 2022

        Between:-
        SUSHIL     KUMAR        PATHAK      S/O
        KRISHNADATT PATHAK, AGED ABOUT 38
        YEARS, FLAT NO. D-07 TOP FLOOR ELDECO
        RESIDENCY    GREENS       SECTOR   P-32
        GREATER     NOIDA     KASANA     KASNA
        GAUTHAM BUDDHA NAGAR (UTTAR
        PRADESH)    PRESENT      RESIDENT    OF
        AUSTRALIA.

                                                               .....PETITIONER
        (BY SHRI ROMESH PRATAP SINGH- ADVOCATE)

        AND

        SMT. RADHA PATHAK W/O SHRI SUSHIL
        KUMAR PATHAK D/O SHRI RAMPRAKASH
        CHATURVEDI, AGED ABOUT 37 YEARS, TCP
        DABRA TEKANPUR GWALIOR PRESENT
        R/O FLAT NO. E-306 THIRD FLOOR DB CITY
        GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI GHANSHYAM SINGH- ADVOCATE)

      This petition coming on for hearing this day, the court passed the
following:
                                   ORDER

This petition under Article 227 of the Constitution of India has been filed by the petitioner seeking following reliefs:-

"7.1. That, impugned order dated 19.05.2022 Annexure P-9 may kindly be set aside.

7.2. That, learned court below may kindly be directed to record the second round statement by waiving cooling period six month within stipulated period of one month.

7.3. That, learned court below may further may kindly be directed to record the second round statement of the applicant (husband) through video conferencing and identification of the applicant (husband) would be verified by her wife.

7.4. Any other relief doing justice into the matter including cost of petition Advocate fee etc.

may be awarded to the petitioner."

It is submitted by learned counsel for the petitioner that the matter has been amicably settled between the parties and there is no possibility of living together, therefore, parties have filed an application under Section 13-B of the Hindu Marriage Act, for divorce by mutual consent before the Family Court, Gwalior. It is also submitted that the petitioner/husband is residing at Australia and is unable to revisit India in future. It is further submitted that cooling period of six months can be waived off in the light of judgment passed by the Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur reported in AIR 2017 SC 4417. Hence, prayed to dispose of this petition by waiving off the cooling period of six months with a direction to the concerning Family Court to record final statements of the parties through Video Conferencing.

Learned counsel appearing for the respondent has also shown his consent to the aforesaid and has submitted that there is no possibility of living together between the parties. Under such circumstances, they themselves have agreed upon and have filed the application for divorce by mutual consent.

Heard arguments advanced by learned counsel for the parties and perused the documents available on record.

Considering the submissions made by learned counsel for the parties as well as taking into consideration the dictum passed by the Hon'ble Supreme Court in the case of Amardeep Singh (supra), the concerning Family Court is directed to record the statements of the parties through Video Conferencing on the date so proposed by the parties. Identification of the petitioner would be verified by respondent/wife and her relatives.

Accordingly, this petition stands disposed of with the aforesaid direction.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE pwn* Digitally signed by PAWAN KUMAR Date: 2022.06.23 17:50:10 +05'30'