Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1993 of 2018 Petitioner :- Vikash Shankar Saxena Respondent :- Shaili Seth And Another Counsel for Petitioner :- Rakesh Kumar Srivastava,Arvind Srivastava Counsel for Respondent :- Sanjay Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the parties and perused the record.
Present petition has been filed for setting aside the order dated 19.2.2018 passed by the Additional Principal Judge, Family Court, Gautambudh Nagar. A further prayer has been made to direct the Principal Judge, Family Court to hear and decide the Matrimonial Petition No. 22 of 2018 under Section 13-B(1) of the Hindu Marriage Act fortwith waiving the period of six month as provided under Section 13-B(3) of the Hindu Marriage Act.
Submission of the learned counsel for the petitioner is that the divorce petition was filed under Section 13(b) of the Hindu Marriage Act and an application has been filed for waiving of the six months period. Submission is that such period can be waived off by the Court in view of the recent judgement of Hon'ble Apex Court rendered in the case of Amardeep Singh vs. Harveen Kaur, (2017) 8 SCC 746 wherein guidelines have been laid down on the basis which waiver can be considered. It was further pointed out that both the parties agree that no dispute remains to be settled and the pending matters have been settled between the including the amount to be payable to the petitioner herein.
Learned counsel for the respondents states that no dispute remains to be settled between the parties.
In the joint petition filed before the Court below, it was asserted that both the parties are living separately since 5.10.2012 and all issues have been settled. Tomorrow is the date fixed before the Mediation Centre. In this factual scenario, it would be appropriate that after return of the file from the Mediation Centre, considering the report of the Mediation fresh order on the waiver application be passed.
The impugned order dated 19.2.2018 passed by the Additional Principal Judge, Family Court, Gautambudh Nagar, in the light of above noted discussions is hereby set aside.
Under such circumstances, the Court below i.e. Principal Judge, Family Court, Gautambudh Nagar is directed to consider the waiver application afresh expeditiously preferably within 20 days from the date of filing of certified copy of this order, in the light of the guidelines issued by Hon'ble Apex Court in the case of Amardeep Singh (supra) and in case the said application is allowed, necessary orders may be passed on the main petition by preponing the date fixed.
Present petition is accordingly disposed of with the aforesaid observations/directions. No order as to costs.
Order Date :- 30.4.2018 Abhishek