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2008 DIGILAW 4231 (MAD)

Praveen Dass & Another v. .

2008-11-17

M.VENUGOPAL

body2008
Judgment :- The revision petitioners are the petitioners in I.A.Sr.No.8715 of 2008 in O.P.No.2847 of 2008 on the file of First Additional Family Court, Chennai. 2. The revision petitioners being the husband and wife have filed O.P.No.2847 of 2008 on the file of First Additional Family Court, Chennai praying for the relief of divorce by mutual consent under Section 28 of the Special Marriage Act 1954. 3. The learned counsel appearing for the revision petitioners informs this Court that the petitioners herein have filed I.A.Sr.No.8715 of 2008 in O.P.No.2847 of 2008 praying the trial Court to advance the hearing of the main original petition and to waive the period of six months as specified under Section 28(2) of Special Marriage Act 1954 and to pass a decree of divorce. 4. The learned counsel for the revision petitioners cites the decision K.Thiruvengadam and another of this Court in 2008(1)CTC 739 wherein this Court has inter alia held that in cases, where there is no possibility of reunion, especially after the divorce by mutual consent process has been adopted , which is by way of liberalized process, the facts of each and every case has to be considered and it is always open to the Court to decide about the waiver of the period of six months. Therefore, the view taken by the learned Subordinate Judge that the requirement of six months period as mandatory and cannot be waived by placing reliance on Section 13-B(2) of the Act, is not legally sustainable. As correctly pointed out by the learned counsel for the petitioners, if this Section viz., 13-B(2) of the Act is read as mandatory, then the very purpose of liberalized concept of divorce by mutual consent will be frustrated, especially when the parties are living separately and there was no chance of re-union. 5. Inasmuch as the prayer of the revision petitioners in this revision is only to direct the First Additional Family Court, Chennai to take up I.A.Sr.No.8715 of 2008 in O.P.No.2847 of 2008,this Court issues a direction to the First Additional Family Court, Chennai to take up I.A.Sr.No.8715 of 2008 in O.P.No.2847 of 2008 and to dispose off the same in the manner known to law, after providing due opportunity to both the parties. 6. This civil revision petition is disposed off with the above terms. No costs.