Anshu Loonker vs Mitesh Kumar Loonker
2021 Latest Caselaw 15490 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12209/2021

Anshu Loonker W/o Shri Mitesh Kumar Loonker D/o Shri Shyam Sunder Bhootra, Aged About 33 Years, R/o Jatiyo Ki Gali, Khanda Falsa, Jodhpur.

----Petitioner Versus Mitesh Kumar Loonker S/o Late Shri Kishore Kumar Loonker, By Caste Jain, R/o Behind Hanwant Bhawan, Balotra, District Barmer.

----Respondent

For Petitioner(s) : Mr. Avinash Bhati For Respondent(s) : Mr. Niranjan Patel

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

05/10/2021

This writ petition has been filed by the petitioner being

aggrieved with the order dated 04.08.2021 passed by the Family

Court No.1, Jodhpur (hereinafter to be referred as 'the court

below'), whereby the court below has rejected the joint application

filed on behalf of the petitioner and the respondent for waiving of

statutory period of six months as prescribed under Section

13B-(2) of the Hindu Marriage Act, 1955 (hereinafter to be

referred as 'the Act of 1955').

The court below has rejected the said application on the

ground that as the court below is having charge of two other

family courts and as many as 127 files are listed today, it is not

possible for it to prepone the date of hearing of the divorce

(2 of 2) [CW-12209/2021]

petition and it is not in a position to dispose of the same by

waving the cooling off period.

Learned counsel for the parties have submitted that both the

parties have prayed before the court below to waive the statutory

period of six months as specified under Section 13B-(2) of the Act

of 1955 as the said period will only prolong their agony because

the parties have genuinely settled their differences including

alimony or any other pending issues.

Learned counsel for the parties have placed reliance on the

decision dated 26.10.2017 rendered by this Court in Dr. Bhawna

Vs. Shri Mrityunjaya (SBCWP No.13477/2017) reported in

2017(2) WLC (Raj.) UC 732 passed while placing reliance on

the judgment rendered by Hon'ble Supreme Court in Amardeep

Singh Vs. Harveen Kaur reported in (2017)8 SCC 746.

In view of the above submissions and with the consent of the

parties, this writ petition is allowed. The impugned order dated

04.08.2021 passed by court below is set aside. The statutory

cooling off period of six months as specified under Section 13B-(2)

of the Act of 1955 is waived and the court below is directed to

decide the divorce petition preferred on behalf of the petitioner

and the respondent expeditiously preferably in the month of

October 2021 on any convenient date.

Stay petition is disposed of.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.79

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