Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 4045 of 2021 Petitioner :- Rashmi Alias Rashmi Kumari And Another Respondent :- State Of U P Counsel for Petitioner :- Pradhumn Kumar Pandey,Anoop Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
The petitioners have preferred present petition inter-alia with the prayer to direct the Principal Judge, Family Court, to decide the Case No.1468 of 2021 filed under Section 13-B of the Hindu Marriage Act within stipulated period.
It reveals from perusal of the record that during pendency of the present petition an application was filed by the petitioners before the court below on 27.8.2021 with the prayer to exempt the period of six months and hear the matter on merits expeditiously. The aforesaid application was rejected by the court below vide order dated 27.8.2021.
It is argued by counsel for the petitioners that though the law in this connection has already been settled by the Hon'ble Apex Court in the case of Amardeep Singh Vs. Harveen Kaur reported in 2017 SC 4417 but without considering the same order dated 27.8.2021 was passed.
It reveals from perusal of the aforesaid order that aforesaid order is absolutely non speaking and without giving any cogent reasons the application dated 27.8.2021 was rejected.
Insofar as the judgement delivered in the case of Amardeep Singh (supra) is concerned, following paragraphs are relevant, they are reproduced below:-
"18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following:
i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;
ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA, Rule 3, CPC/Section 23(2) of the Act/ Section 9 of the Family Courts Act to re-unite the parties have failed and there is no likelihood of success in that direction by any further efforts;
iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;
iv) the waiting period will only prolong their agony.
19. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver.
20. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.
21. Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation."
In the facts and circumstances of the case, present petition is disposed of finally with a direction to the Principal Judge, Family Court, Meerut to decide the Case No.1468 of 2021 (Rashmi Vs. Siddhant Vinay) in accordance with law expeditiously and preferably within a period of six weeks from the date of submission of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 25.10.2021 Pramod Tripathi