Sonam Jaiswal vs Abhinav Jaiswal
2022 Latest Caselaw 14081 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                           HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                                 ON THE 1st OF NOVEMBER, 2022

                                              MISC. PETITION No. 5015 of 2022

                                  BETWEEN:-
                                  SONAM JAISWAL W/O ABHINAV JAISWAL,
                                  AGED ABOUT 31 YEARS, R/O C-3 YASHWAR
                                  NAGAR NEAR LAMTI VIJAY NAGAR COLONY
                                  (MADHYA PRADESH)

                                                                                          .....PETITIONER
                                  (BY SHRI ARJUN SINGH, LEARNED COUNSEL)

                                  AND
                                  ABHINAV JAISWAL S/O SATISH CHANDRA
                                  JAISWAL, AGED ABOUT 31 YEARS, R/O A/4
                                  STANLEY ROAD JANKIPURAM OPP TRAFFIC
                                  POLICE LINE PRAYAGRAJ (UTTAR PRADESH)

                                                                                       .....RESPONDENTS
                                  (BY SHRI SOMESH AWASTHY, LEARNED COUNSEL)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

The present petition has been filed aggrieved by the order dated

18.10.2022 by which an application moved by the petitioner and respondent jointly before the learned trial Court for waiving six months period for the second motion was dismissed by the learned Principal Judge, Family Court.

In this case undisputedly, the parties were living separately for more than a year before filing of the application under section 13(B)(2) of the Hindu Marriage Act for divorce by mutual consent on 13.06.2022. However, the date that was given by the trial Court for recording the statement in first motion was

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 11/2/2022 2:18:19 PM

18.10.2022. After that, the said application was moved, which was dismissed by the learned trial Court.

Learned counsel for the parties have placed before this Court a copy of the judgement passed by the Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur in Civil Appeal No.11158/2017 , in which the Supreme Court has said that in exceptional circumstances "the period of six month can be waived". With specific reference to paragraph-21 and 22 of the aforementioned judgment, the learned counsel for the parties have submitted that the provision of section 13 (B)(2) is not mandatory but directory, and that the Court can exercise its discretion in the facts and circumstances of each

case, where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

Learned counsel for the parties have submitted that respondent Abhinav Jaiswal has recently found employment with Twitter for which he is required to fly to the United States. Also, the petitioner Sonam Jaiswal would also have to plan for future life.

Under the circumstances, this Court is satisfied that the special circumstances have been made out in this case and in view of paragraph-21 and 22 of the judgement of Supreme Court as mentioned hereinabove, this Court directs that the mandatory period of six months be waived.

Learned Court below is requested to record the statement of the parties as expeditiously as possible and conclude the case. In the interregnum, if the respondent has to fly to United States, his statement be recorded through Video Conferencing as provided in para-22 of the aforementioned judgment.

With the above, the petition is finally disposed of.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 11/2/2022 2:18:19 PM

(ATUL SREEDHARAN) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 11/2/2022 2:18:19 PM