Xxxxx vs Xxxxx
2023 Latest Caselaw 4569 P&H

Neutral Citation No.2023:PHHC:053486

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

113 CR-2148-2023
DATE OF DECISION: 18.04.2023
GURPREET KAUR ... Petitioner (s)
and
CHARANJOT SINGH SANDHU ... Petitioner No.2

CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Mr. Ilyas Khan, Advocate

Mr. Manpreet Singh, Advocate

for the petitioner.

Mr. Sahil Garg, Advocate for petitioner No.2.

ANUPINDER SINGH GREWAL, J. (ORAL)

The petitioners have challenged the impugned order dated 16.03.2023 (Annexure P-1) whereby their application for waiving of the statutory period of six months in the divorce petition on the basis of mutual consent has been dismissed.

Learned counsel for the petitioners submits that the petitioners had lived together for only a few months after their marriage on 15.09.2020. They had made all attempts to reconcile their differences but to no avail. Now they have decided to part company. No child was born out of the wedlock. He has relied upon the judgment of the Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur, reported as 2017 (4) RCR (Civil) 608.

Learned counsel for petitioner No.2 submits that he has no objection if the statutory period of 6 months for recording the second motion statement is waived of as there are no chances of reconciliation.

SWARN JIT SINGH 2023.04.18 15:52

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Neutral Citation No.2023:PHHC:053486

CR-2148-2023 2

Heard.

The parties are stated to have lived together only for a few months after the marriage. They are now residing separately for over 2 years and have decided to part company. No child was born out of the wedlock. I am satisfied that it would be difficult for the parties to reconcile their differences and live together. The first motion statement of the parties has been recorded on 09.02.2023. It would, thus, be in the interest of justice, if the statutory period of six months for recording the second motion statement is waived of.

Consequently, the petition is allowed and the statutory period of six months for recording the second motion statement is waived of. The parties shall appear before the concerned Family Court for recording their second motion statement on 27.04.2023. Petitioner No.2 would be at liberty to

appear through his power of attorney before the family court.

(ANUPINDER SINGH GREWAL)

JUDGE 18.04.2023 SwarnjitS Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

SWARN JIT SINGH 2023.04.18 15:52

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