Rajasthan High Court - Jodhpur
Devendra Kumar vs Pooja Pareek on 4 October, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11857/2021
Devendra Kumar S/o Late Shri Om Prakash, Aged About 27
Years, By Caste Brahmin, Resident Of Daga Chowk, Behind B.k.
School, Bikaner (Rajasthan).
----Petitioner
Versus
Pooja Pareek D/o Shri Rajendra Pareek, W/o Late Shri Devendra
Kumar, Aged About 26 Years, By Caste Brahmin, Resident Of
House No. 177, Bhatti Ki Bawadi, Chopasani Road, Jodhpur
(Rajasthan).
----Respondent
For Petitioner(s) : Mr. Trilok Joshi
For Respondent(s) : Mr. Pawan Singh
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment
04/10/2021
This writ petition has been filed by the petitioner against the
order dated 11.08.2021, passed by the Family Court, No.1,
Jodhpur, whereby the joint application filed by the petitioner and
respondent for waiving of statutory period of six months as
prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955
has been dismissed.
Mr. Pawan Singh, learned counsel puts in appearance on
behalf of respondents and has submitted that the respondent No.1
is also aggrieved with the impugned order and the application was
filed with the consent of the respondent No.1. Learned counsel for
the respondent has further submitted that he has no objection if
the relief prayed for in this writ petition is granted.
(2 of 3) [CW-11857/2021]
Counsel for the parties relied upon the judgment passed by a
Coordinate Bench of this Court in the matter of Dr. Bhawna Vs.
Shri Mrityunjaya reported in 2017(2) WLC (Raj.) UC 732,
wherein the Coordinate Bench held as under:-
"6. The Hon'ble Supreme Court in Amardeep Singh's case (supra) has
held as under:-
"19 Applying the above to the present situation, we are of the view that
where the Court dealing with a matter is satisfied that a case is made
out to waive the statutory period under Section 13-B(2), it can do so
after considering the following;
(i) 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 is already over before the first motion itself;
(ii) All efforts for mediation/conciliation including efforts in terms of
Order 32-A Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family
Courts Act to reunite the parties have failed and there is no likelihood of
success in that direction by any further efforts;
(iii) The parties have genuinely settled their differences including
alimony, custody of child or any other pending issues between the
parties;
(iv) The waiting period will only prolong their agony.
The waiver application can be filed one week after the first motion giving
reasons for the prayer for waiver. If the above conditions are satisfied,
the waiver of the waiting period for the second motion will be in the
discretion of the court concerned.
20. Since we are of the view that the period mentioned in Section 13-
B(2) is not mandatory but directory, it will be open to the Court to
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."
After taking into consideration the facts of the present case, I am of the
opinion that the conditions set out by the Hon'ble Supreme Court in
above referred case are fulfilled.
7. Taking into consideration the overall facts and circumstances of the
case, particularly the fact that the petitioner and the respondent are
highly educated persons and have mutually decided to end their
marriage as there are no chances of reconciliation between them, I am
of the opinion that the court below has wrongly rejected the application
filed by the parties for waiving of the statutory period of six months as
specified under Section 13-B(2) of the Act of 1955.
8. Hence, this writ petition is allowed. The impugned order dated
09.10.2017 passed by the court below is set aside. The court below is
directed to waive the statutory period of six months as specified under
Section 13-B(2) of the Act of 1955 and decide the application filed by
the parties under Section 13-B of the Act of 1955 expeditiously."
In that view of the matter, with the consent of the parties,
the writ petition is allowed and the impugned order dated
11.08.2021 passed by the Family Court No.1, Jodhpur is set aside.
The court below is directed to waive the statutory period of six
months as specified under Section 13-B(2) of the Act of 1955 and
(3 of 3) [CW-11857/2021]
decide the application filed by the parties under Section 13-B of
the Act of 1955 expeditiously.
The parties are directed to appear before court below on
20.10.2021.
(VIJAY BISHNOI),J
250-Babulal/-
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