Gaganpreet Singh vs Jasleen Kaur
2021 Latest Caselaw 837 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

Sr. No.112                        Civil Revision No.421 of 2021
                                  DATE OF DECISION: February 26, 2021


GAGANPREET SINGH
                                                            ..PETITIONER

                                     VERSUS

JASLEEN KAUR

                                                           ...RESPONDENT


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL


Present:     Mr. Bhupinder Kumar Gupta, Advocate, for the petitioner.

             *****

SUDHIR MITTAL, J. (ORAL)

The parties are aggrieved with order dated 02.12.2020

(Annexure P-4) whereby their application for advancing the date of hearing

of second motion has been rejected on the ground that there is nothing on

record to show that mediation proceedings were conducted between the

parties.

Learned counsel for the parties submits that parties have

separated since 17.12.2018 and the petition under Section 13-B of the

Hindu Marriage Act, 1955 was filed on 17.07.2020. This in itself shows

that efforts at conciliation have failed and that mature thought has gone into

the filing of petition for divorce by way of mutual consent. Under the

circumstances, the statutory period of six months should have been waived

by the trial Court. Reliance is placed upon 'Amardeep Singh vs. Harveen

Kaur 2017(4) RCR(Civil) 608'.

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 Civil Revision No.421 of 2021                                    --2--

Having gone through the aforementioned judgment, I am

satisfied that the present case is covered by the guidelines laid down therein.

Thus, the revision petition is consequently allowed and impugned order

dated 02.12.2020 (Annexure P-4) is set aside. Parties are directed to appear

before the Family Court, Jalandhar on 05.03.2021 for hearing on the second

motion.

February 26, 2021                                         (SUDHIR MITTAL)
Ankur                                                         JUDGE

Whether speaking/reasoned               Yes/No

Whether Reportable                      Yes/No




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