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2022 DIGILAW 2620 (RAJ)

Kirti Mathur v. Vijit Mathur

2022-10-17

KULDEEP MATHUR, VIJAY BISHNOI

body2022
ORDER 1. The grievance of the appellant as well as respondent is that the learned Family Court No.3, Jodhpur has erred in law and fact while passing the order dated 01.10.2022 in Civil Case No.1019/2022 (590/2022) - Smt. Kirti Mathur Vs. Vijit Mathur, by which an application dated 30.09.2022, jointly preferred by the parties for grant of divorce decree even prior to the completion of 6 months period, as prescribed under Section 13B of Hindu Marriage Act,1955 has been rejected. 2. The contention of the appellant as well as respondent in the application filed under Section 13B before learned Family Court No.3, Jodhpur is that the marriage between the parties took place on 07.11.2016. However, since 12.09.2017 the parties are living separately. It is further stated that they have not been able to live together and that they have mutually agreed to dissolve the marriage. The parties by way of filing joint application dated 30.09.2022 sought waiver of the period of 6 months for the second motion on the ground that they have been living separately and there is no possibility of their reunion. Any delay will affect the chances of their resettlement. 3. The learned Family Court No.3, Jodhpur vide order dated 01.10.2022 rejected the application jointly filed by the parties before it on 30.09.2022 and in its order noticed that some dispute is still pending between the parties and efforts are required to be made to reunite the parties. 4. Heard learned counsel for the parties and perused the material available on record. 5. We are satisfied that the parties are living separately for more than the statutory period and all efforts to reunited them have failed. There is no chance of reconciliation and further waiting period will only prolong the agony. In the case of Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746 , Hon’ble the Apex Court has held that the period mentioned in Section 13B(2) of Hindu Marriage Act, 1955 is only directory . The parties before us have made out a case to waive the statutory period prescribed under Section 13B(2) of the Hindu Marriage Act, 1955. 6. Accordingly, the present Civil Misc. Appeal is allowed. The impugned order dated 01.10.2022 passed by Family Court No.3 in Civil Case No.1019/2022 - Smt. Kirti Mathur Vs. Vijit Mathur is set aside. The parties before us have made out a case to waive the statutory period prescribed under Section 13B(2) of the Hindu Marriage Act, 1955. 6. Accordingly, the present Civil Misc. Appeal is allowed. The impugned order dated 01.10.2022 passed by Family Court No.3 in Civil Case No.1019/2022 - Smt. Kirti Mathur Vs. Vijit Mathur is set aside. The parties are directed to appear before Family Court No.3, Jodhpur on 04.11.2022. The Family Court No.3, Jodhpur is directed to pass decree of divorce in favour of the parties in accordance with law.