WPMS/118/2023
2023 Latest Caselaw 277 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                   COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      13.01.2023                     WPMS No. 118 of 2023
                                     Sri Vipin Sanghi, C.J.
                                            Mr. Bhuwnesh Joshi, the learned counsel for the
                                     petitioner.

                                          Mr. B.M. Pingal, the learned counsel for the
                                     respondent.

This Writ Petition has been preferred by the

petitioner-husband, with the consent of the

respondent-wife, to seek a direction to the Family

Court, Haridwar, to prepone the date for consideration

of the Second Motion Petition, which has been fixed as

17.04.2023, vide order dated 15.10.2022, when the

First Motion Petition, under Section 13B(1) of the Hindu

Marriage Act, 1955, was moved and accepted.

The case of the parties is that they married each

other on 30.11.2020. However, their marriage did not

last long, and they separated on 06.09.2021. Since,

despite efforts by them and their family members, they

could not reconcile their differences, they decided to

part ways and moved a joint petition, under Section

13B of the Hindu Marriage Act, 1955, on 15.10.2022.

The Family Court, after dealing with the First

Motion Petition, has given the next date as 17.04.2023. The submission of the learned counsels is that

the period of waiting of six months is not mandatory, in

the light of the judgment of the Supreme Court in

Amardeep Singh v. Harveen Kaur, (2017) 8 SCC

746, and the long adjournment given by the Family

Court is causing serious prejudice to both the parties.

In the light of the aforesaid judgment of the

Supreme Court, there was no purpose of adjourning

the matter by over six months, as done by the Family

Court.

Accordingly, the Writ Petition is allowed.

The Family Court, Haridwar, is directed to

entertain the Second Motion Petition as soon as the

same is moved.

Consequently, pending applications, if any, also

stand disposed of.

(Vipin Sanghi, C.J.) 13.01.2023 Rahul