Smt. Dineshwari Singh vs Shri Kaushik
2022 Latest Caselaw 9652 Raj

(1 of 2) [CW-9346/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9346/2022

Smt. Dineshwari Singh W/o Shri Kaushik Talpada,Daugther Of Shri Dalpat Singh, Aged About 40 Years, B/c Rajput, Resident Of Sector No. 22 Block No. 93/05 C H H Type City, Gandhinagar Gujrat Presently Resident Of Shyam Kiran Bhawan, Chandpole Chowka, Jodhpur.

----Petitioner Versus Shri Kaushik S/o Shri Ashok Bhai Talpada (Patel), Aged About 32 Years, Resident Of Sector No. 22 Block No. 93/05 C H H Type City, Gandhinagar Gujarat.

----Respondent

For Petitioner(s) : Mr. Chiranji Lal Mali For Respondent(s) : Ms. Santosh Kanwar

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/07/2022

Heard learned counsel for the parties.

The present writ petition has been filed against the order

dated 23.06.2022 (Annex. 1) passed by the learned Family Court,

No. 1, Jodhpur, whereby the application preferred by the parties

under Section 13-B(2) of the Hindu Marriage Act, 1955 has been

rejected and the period of six months for separation has not been

waived.

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

judgment rendered by this Court in S.B. Civil Writ Petition No.

16705/2021 (Sonia d/o Dashrath Balad Vs. Rishabhraj

(2 of 2) [CW-9346/2022]

Dhariwal s/o Shri Kailash Raj Dhariwal) decided on

04.01.2022.

In view of the submissions made by the learned counsel for

the parties, the present writ petition is allowed and the impugned

order dated 23.06.2022 passed by the court below is set aside

and their application dated 18.04.2022 filed by the parties for

waiver of the statutory period of six months specified under

Section 13-B(2) of the Hindu Marriage Act, 1955 is, hereby

allowed. The statutory period of six months specified under

Section 13-B(2) of the Act of 1955 is hereby waived in exercise of

extraordinary powers available to this Court by virtue of Article

226 of the Constitution of India.

The parties are directed to appear before the court below on

05.08.2022, thereafter the concerned Family Court will pass

decree of divorce in accordance with law.

(VINIT KUMAR MATHUR),J

271-Shahenshah/-

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