Rajasthan High Court - Jodhpur
Madhulika vs Mehtab Singh Lalas on 11 July, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 1076/2022
Madhulika D/o Shri Baldev Singh Ujjwal, Aged About 33 Years,
W/o Shri Mehtab Singh Lalas, B/c Charan, R/o 07, Aadarsh
Nagar, Lal Sagar, Jodhpur (Raj.)
----Appellant
Versus
Mehtab Singh Lalas S/o Shri Khem Singh Lalas, Aged About 30
Years, B/c Charan, R/o 116, Mahaveer Nagar, Paota, Jodhpur
(Raj.)
----Respondent
For Appellant(s) : Mr. Anil Kaviraj.
For Respondent(s) : Mr. Rameshwar Chhangani.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
11/07/2022
The grievance of the appellant as well as respondent is that
the learned Family Court No.1, Jodhpur has erred in law and fact
while passing the order dated 15.06.2022 in Civil Case
No.356/2022 - Madhulika and Mehtab Singh Lalas, by which an
application dated 11.05.2022, jointly preferred by the parties for
grant of divorce decree even prior to the completion of 6 months
period, as prescribed under Section 13B of Hindu Marriage
Act,1955 has been rejected.
The contention of the appellant as well as respondent in the
application filed under Section 13B before learned Family Court
No.1, Jodhpur in Civil Case No.356/2022 - Madhulika and Mehtab
Singh Lalas is that the marriage between the parties took place on
(2 of 3) [CMA-1076/2022]
28.04.2017. However, since 02.02.2018 the parties are living
separately. It is further stated that they have not been able to live
together and that they have mutually agreed to dissolve the
marriage. The parties by way of filing joint application dated
11.05.2022 sought waiver of the period of 6 months for the
second motion on the ground that they have been living
separately and there is no possibility of their reunion. Any delay
will affect the chances of their resettlement.
The learned Family Court No.1, Jodhpur vide order dated
15.06.2022 rejected the application jointly filed by the parties
before it on 11.05.2022 and in its order noticed that some dispute
is still pending between the parties and efforts are required to be
made to reunited the parties.
Heard learned counsel for the parties and perused the
material available on record.
We are satisfied that the parties are living separately for
more than the statutory period and all efforts to reunited them
have failed. There is no chance of reconciliation and further
waiting period will only prolong the agony. In the case of
Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746,
the Hon'ble Apex Court has held that the period mentioned in
Section 13B(2) of Hindu Marriage Act, 1955 is directory only. The
parties before us have made out a case to waive the statutory
period prescribed under Section 13B(2) of the Hindu Marriage Act,
1955.
Accordingly, the present Civil Misc. Appeal is allowed. The
impugned order dated 15.06.2022 passed by Family Court No.1 in
Civil Case No.356/2022 - Madhulika and Mehtab Singh Lalas is set
(3 of 3) [CMA-1076/2022]
aside. The parties are directed to appear before Family Court
No.1, Jodhpur on 28.07.2022. The Family Court No.1, Jodhpur is
directed to pass decree of divorce in favour of the parties in
accordance with law.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
125-Prashant/-
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