Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3513 of 2021 Petitioner :- Smt.Vinita Saxena Respondent :- Pranjal Saxena Counsel for Petitioner :- Ajay Dubey
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the private respondent.
The petitioner has filed present petition with the prayer to direct the Principal Judge, Family Court, Agra to waive the period of six months for granting the decree of divorce in view of the law laid down by the Apex Court in the case of Amardeep Singh Vs. Harveen kaur and also direct to decide the Case No.1029 of 2021 (Smt. Vinita Saxena Vs. Sri Pranjal Saxena) under Section 13-B of the Hindu Marriage Act, 1955 pending in the Family Court Agra expeditiously preferably within one month.
In the case of Amardeep Singh Vs. Harveen Kaur reported in 2017 SC 4417 in paragraph 21 of the judgement it was observed by the Hon'ble Apex Court that the period mentioned in Section 13B(2) is not mandatory but directory. It was further observed that 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. The paragraph 21 is reproduced hereinbelow :-
"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."
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally permitting the petitioner to submit an application for waiver of period of six months before the Principal Judge, Family Court, Agra within two weeks along- with copy of this order. In case such application is filed, the Principal Judge, Family Court, Agra is directed to pass appropriate orders on the same expeditiously and preferably within a period of six weeks thereafter.
Order Date :- 30.7.2021 Pramod Tripathi