Bharath vs Nil
2021 Latest Caselaw 17094 Mad

                                                                            C.R.P(MD)No. 1134 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 19.08.2021

                                                       CORAM

                              THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             C.R.P(MD) No. 1134 of 2021

                     1. Bharath
                     2. Divya                             ... Petitioners/Petitioners/Petitioners

                                                          Vs.

                     Nil                                 ...Respondent/Respondent/Respondent


                     PRAYER: Civil Revision Petition filed under Article 227 of

                     Constitution of India to set aside the fair and decreetal order, dated

                     02.07.2021 passed by the Sub-Court, Aranthangi in I.A. No.27 of 2021

                     in H.M.O.P. No.32 of 2021.

                                     For Petitioner    : Mr.T. Lenin Kumar


                                                      ORDER

The Civil Revision Petition has been filed to set aside the fair

and decreetal order in I.A. No.27 of 2021 in H.M.O.P. No.32 of 2021,

dated 02.07.2021 passed by the learned Subordinate Judge, Aranthangi.

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C.R.P(MD)No. 1134 of 2021

2.The learned counsel for the petitioners would submit that the

petitioners have filed a petition under Section 13-B of the Hindu

Marriage Act seeking for divorce by mutual consent and they have also

filed a petition to waive the statutory period under Section 13-B(2) of

the Act.

3. The marriage was solemnized on 11.11.2018 and after few

months of marriage the parties have got separated. The petition has been

filed on 15.04.2021 after the statutory period of six months specified in

Section 13-B(2), in addition to the statutory period of one year under

Section 13-B(1) of separation of parties has also been over. Further, the

first petitioner has earlier filed a divorce petition in HMOP No.42 of

2000 and during the pendency of the petition mediation and conciliation

efforts were taken by the well-wishers and family members and that has

also ended in failure. Later due to the intervention of the family

members, the parties have genuinely agreed for separation and

exchanged all articles. The petitioners have exhausted all options and

there is no possibility of reunion also. They do not have any children.

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C.R.P(MD)No. 1134 of 2021

4. Finding that further waiting period of six months will prolong

their agony they have filed the petition seeking for waiver. The case of

the petitioner rightly falls within the conditions prescribed by the Hon'ble

Apex Court in the Judgment in Amardeep Singh Vs. Harveen Kaur

reported in 2017 (5) CTC 665, whereas the learned Judge without

taking into consideration the above facts and circumstances, had

dismissed the petition.

5.Heard the learned counsel for the petitioner and perused the

materials available in records.

6.The Hon'ble Supreme Court in the case Amardeep Singh Vs.

Harveen Kaur (cited supra) has held that the period mentioned in

section 13-B(2) is not mandatory, but it is only directory and it will be

open to the concerned Court to exercise its discretion in the facts and

circumstances of the each case, where, there is no possibility of parties

resuming cohabitation and chances of alternative rehabilitation have also

been exhausted.

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C.R.P(MD)No. 1134 of 2021

7. In this case the petitioners got married on 11.11.2018 and after

few months of marriage they got separated. Despite steps taken there is

no chance of re-union between the parties. This Court is of the opinion

that allowing them to continue further will prolong their agony.

8. In view of the same, the Civil Revision Petition stands allowed

and the order dated 02.07.2021 passed by the Subordinate Judge,

Aranthangi, in I.A.No.27 of 2021 in HMOP.No.32 of 2021 is set aside

and I.A.No.27 of 2021 in HMOP. No.32 of 2021 stands allowed. The

learned Subordinate Judge, Aranthangi, is directed to take up and dispose

HMOP. No.32 of 2021 filed for divorce by mutual consent, immediately

after enquiring both the parties.

19.08.2021 Index : Yes/No Internet: Yes/No rm

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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C.R.P(MD)No. 1134 of 2021

To

1. The Sub-Court, Aranthangi.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P(MD)No. 1134 of 2021

A.D.JAGADISH CHANDIRA, J.,

rm

C.R.P(MD)No. 1134 of 2021

19.08.2021

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