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Madras High Court · body

2016 DIGILAW 1372 (MAD)

Vijayalakshmi v. .

2016-03-31

V.M.VELUMANI

body2016
ORDER : This Memorandum of Civil Revision Petition is filed against the order of dismissal, dated 18.02.2016, in I.A.No.45 of 2016 in H.M.O.P.No.4 of 2016 by the Revision Petitioners, to dispense with six months period under Section 13-B(2) of the Hindu Marriage Act, 1955. 2. The marriage between the first and second petitioners was solemnized on 27.11.2014. Difference of opinion have arisen between them and therefore, it became impossible for them to live as husband and wife in spite of the advice of the elders. Therefore, they filed a petition in H.M.O.P.No.4 of 2016 under Section 13(B) of the Hindu Marriage Act, 1955, for divorce, by mutual consent. The said H.M.O.P. is posted to 12.07.2016, for enquiry. The petitioners also filed an application in I.A.No.45 of 2016, to advance the main H.M.O.P.No.4 of 2016 and for dispense with six months period and prayed for decree, immediately. The learned Judge dismissed the application, on the ground that the petitioners have not given any sufficient reasons for waiver of six months period. 3. The learned counsel for the petitioners contended that both the petitioners are well educated and they are not able to continue their matrimonial life, in spite of the advice of the elders. This Court directed both the petitioners to appear before this Court. Today, both the petitioners appeared before this Court. On enquiry, it is seen that the petitioners after due deliberation, have decided to dissolve their marriage conducted on 27.11.2014. There is no possibility of rethinking and changing their mind to live together as husband and wife. 4. I have heard the learned counsel appearing for the petitioners and also perused the entire materials on record. 5. Considering the Educational Qualification of the petitioners and the contention that in spite of best efforts and counselling by elders, there is no possibility for reunion, the Civil Revision Petition is allowed and the impugned order, dated 18.02.2016 in I.A.No.45 of 2016 in H.M.No.4 of 2016 passed by the learned Subordinate Judge, Devakottai, is set aside. I.A.No.45 of 2016 is allowed. The learned Subordinate Judge, Devakottai, is directed to hear H.M.O.P.No.4 of 2016 on merits and pass orders in accordance with law, as expeditiously as possible, in any event, not later than 30th April, 2016. No costs.