Heard learned counsel for the petitioner.
The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the court below, namely, Principal Judge, Family Courrt, Firozabad to decide H.M.P.Case No. 769 of 2020 (Smt. Sakshi Agarwal Vs. Nishank Agarwal) filed by the plaintiff-respondent under Section 13-B of the Hindu Marriage Act (in short the Act).
It is argued by the learned counsel for the petitioner that the marriage of the petitioner was solemnized with the respondent on 12.6.2019. Due to some difficulties between them they filed an application dated 2.11.2020 for divorce by way of mutual consent as provided under Section 13-B of the said Act. On the said application the court below has fixed 19.5.2021 for hearing and a further direction was given that the parties shall appear on 6.5.2021 for Meditation Centre. It is further argued by the learned counsel for the petitioner that the statutory period as required under Section 13-B of the Act is not directory but only mandatory.
Learned counsel for the petitioner has relied upon a judgment of the Hon'ble Apex Court in the case of Amar Deep Singh Vs. Harveen Kaur reported in 2017 SC 4417.
Heard learned counsel for the petitioner and perused the record.
In this view of the matter and in the facts and circumstances of the case, without entering into merits of the case, the present petition is disposed of finally with a direction to the petitioner to move an application in this regard before the court below within a period of two weeks along with the self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. In case, such an application is filed, the same shall be considered and decided finally by the court below within a period of three months thereafter keeping in view of the law as has been laid down by the Hon'ble Apex Court in the case of Amar Deep Singh Vs. Harveen Kaur (supra) without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 1.2.2021 SKM