Sourabh Rajak vs X
2023 Latest Caselaw 5733 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 10 th OF APRIL, 2023
                                              WRIT PETITION No. 7084 of 2023

                          BETWEEN:-
                          1.    SOURABH RAJAK S/O VINOD RAJAK, AGED
                                ABOUT 30 YEARS, OCCUPATION: MAJDURI R/O
                                H.NO. 164 WARD NO. 13 GRAM PANCHAYAT
                                GHANA SONPUR JABALPUR (MADHYA PRADESH)

                          2.    RAVINA RAJAK W/O SOURAB RAJAK D/O SHRI
                                BADRI PRASAD RAJAK, AGED ABOUT 20 YEARS,
                                OCCUPATION: HOUSEWIFE R/O 275 JAWAHAR
                                NAGAR PURANI BASTI ADHARTAL, JABALPUR
                                (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI RAKESH K. SAHU, ADVOCATE)

                          AND
                          X S/O NOT        MENTION NOT MENTION            (MADHYA
                          PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI RAMESHWAR PATEL, ADVOCATE)

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

Petitioner has filed this writ petition under Article 226 of Constitution of India making a prayer to issue directions to Family Court to consider his application for mutual divorce before expiry of six months.

Counsel appearing for petitioner submitted that Family Court has given date after a period of six months for consideration of their petition for divorce by mutual consent. It is submitted that petitioner may be permitted to file an Signature Not Verified Signed by: NEETI TIWARI Signing time: 4/11/2023 10:49:45 AM

application for waiving of six months' waiting period of filing of an application by mutual consent. Reliance is placed in judgment passed by Apex Court in the case of Amardeep Singh Vs. Harveen Kaur 2017 AIR SCW 4417 in Civil Appeal No.11158/2017 decided on 12.09.2017.

Heard learned counsel for petitioner.

Considering the arguments advanced by counsel for petitioner, writ petition filed by petitioner is disposed off directing Family Court to consider the application, which may be filed by petitioner for exemption to wait for a period of six months for considering his application for divorce by mutual consent.

It is made clear that this Court has not expressed any opinion on merits

of the case and Family Court is directed to consider the application following guidelines laid down by Apex Court in the case of Amardeep Singh Vs. Harveen Kaur (supra).

With aforesaid, writ petition stands disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 4/11/2023 10:49:45 AM