Research › Search › Judgment

Allahabad High Court · body

2012 DIGILAW 1624 (ALL)

Vivek Kumar Rajendra Prashad v. State of U. P.

2012-07-20

PANKAJ MITHAL

body2012
ORDER Heard learned counsel for the petitioners. 2. Petitioners are husband and wife. They are in long litigation. One of the dispute between them had come up before this Court under Section 482 Cr.P.C. The matter was referred to the Mediation Center attached to the High Court. In the Mediation Center both the parties appeared and entered into a compromise and agreed to live separately. 3. On the basis of the aforesaid mutual agreement, they jointly applied for divorce under Section 13-B of the Hindu Marriage Act, 1956 (hereinafter referred to as the Act) before the Civil Judge (Senior Division), Bulandshahar, which has been registered as Divorce Petition No.526 of 2012. 4. Petitioners by means of the present petition have prayed that the aforesaid divorce petition may be directed to be decided within a time bound period. 5. Section 13-B(2) of the Act provides that on the motion of both the parties for divorce by mutual consent, a decree of divorce declaring the marriage to be dissolved can be passed not earlier than six months of the date of presentation of the petition if not withdrawn in the meantime. Therefore, no order of divorce by mutual consent can be passed before six months of the presentation of the divorce petition under Section 13-B of the Act. 6. The divorce petition has been presented jointly by the petitioners on 4th of April, 2012. The period of six months from the date of its presentation would be expiring around 4th April, 2012. The aforesaid period is a statutory period and before its expiry no divorce on mutual consent can be granted. The said period cannot in any way be relaxed or shorten. The parties have to wait for the expiry of the above period before a decree of divorce by mutual consent can be passed provided the petition presented for the purpose is not withdrawn during the said period. 7. In view of above, no direction for immediate disposal or final orders on the above divorce petition before the expiry of above statutory period can be passed by this Court. The decree of divorce has to wait for the expiry of the statutory period of six months. The said period has not yet elapsed. 8. 7. In view of above, no direction for immediate disposal or final orders on the above divorce petition before the expiry of above statutory period can be passed by this Court. The decree of divorce has to wait for the expiry of the statutory period of six months. The said period has not yet elapsed. 8. In view of the aforesaid facts and circumstances, the writ petition is dismissed but with the observation that the Court concerned would fix a date immediately on the expiry of the above statutory period of six months and proceed to decide the petition, if necessary, in accordance with law most expeditiously thereafter. Petition dismissed.