Leeladhar Sain vs Smt. Shilpa Chouhan
2022 Latest Caselaw 12658 Raj

Citation : 2022 Latest Caselaw 12658 Raj
Judgement Date : 21 October, 2022

Rajasthan High Court - Jodhpur

Leeladhar Sain vs Smt. Shilpa Chouhan on 21 October, 2022

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15667/2022

Leeladhar Sain S/o Sh. Rupa Ram Sen, Aged About 35 Years, R/ o D-6, Gandhi Nagar Colony, Merta City, District Nagaur. Aadhar Card No. 2155 6871 9644.

----Petitioner Versus Smt. Shilpa Chouhan W/o Leeladhar Sain D/o Ramkishore Chouhan, Aged About 33 Years, At Present R/o Naiyon Ka Bass, Chaukri Khurd, Tehsil Pipar City, District Jodhpur. Aadhar Card No. 5492 5693 2898.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Ravi Panwar
                               Mr. Gajendra Panwar
For Respondent(s)        :     Mr. Ashok Patel

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/10/2022

Heard learned counsel for the parties.

Learned counsel for the parties submits that the condtrovery

involved in the present writ petition is squarely covered by a

decision of this court in S.B. Civil Writ Petition No.15518/2021

(Monika Sharma V/s Rahul Sharma) dated 09.11.2021 which was

disposed of in the following terms:-

"The counsel for the parties submit that the parties filed an application before the Judge, Family Court No.1, Udaipur for waiver of six months period prescribed under section 13 B (2) of the Hindu Marriage Act, 1955 but the learned Family Court No.1, Udaipur has rejected the said application vide its order dated 20.04.2022. Learned counsel for the parties further submit that the parties are living separately and reconciliation between the parties is not possible.

(2 of 3) [CW-15667/2022]

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 Amardeep Singh Vs. Harveen Kaur, reported in (2017) 8 SCC 746 are fulfilled in the present case. In light of the facts and circumstances of the case, particularly the fact that they have mutually decided to end their matrimony finding no hope/chance of reconciliation, I am of the opinion that their application for waiver of the statutory period of six months specified under Section 13-B(2) of the Act of 1955 deserves acceptance.

Considering the submissions made at the Bar and in view of the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh's case (Supra), the writ petition is allowed. The order dated 20.04.2022 passed by the Judge, Family Court No.1, Udaipur in case No.155/2022 is set aside and the learned Family Court is directed to waive off the cooling off period of six months specified under Section 13-B(2) of the Hindu Marriage Act, 1955 and allow the application.

The parties are directed to appear before the concerned Family Court on or before 16.09.2022 and the concerned Family Court is directed to pass the decree of divorce in accordance with law."

The counsel for the parties submit that the parties filed an

application before the Judge, Family Court No.3, Jodhpur for

waiver of six months period prescribed under section 13 B (2) of

the Hindu Marriage Act, 1955 but the learned Family Court No.3,

Jodhpur has rejected the said application vide its order dated

12.10.2022. Learned counsel for the parties further submit that

the marriage was solemnized in the year 2013 but parties are

living separately since 2016 and reconciliation between the parties

is not possible.

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 Amardeep Singh Vs. Harveen Kaur, reported in