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2022 DIGILAW 2909 (RAJ)

Lovejeet Bhati v. Swati Bhati

2022-12-08

KULDEEP MATHUR, SANDEEP MEHTA

body2022
JUDGMENT Kuldeep Mathur, J. - The grievance of the appellant as well as the respondent is that the learned Family Court No.1, Jodhpur has erred in law and fact while passing the order dated 10.11.2022 in Civil Case No. 1072/2022- Smt. Swati Bhati v Lovejeet Bhati, by which an application dated 03.11.2022, jointly preferred by the parties for grant of divorce even prior to the completion of 6 months’ period, as prescribed under Section 13-B of the Hindu Marriage Act, 1955 has been rejected. 2. The contention of the appellant as well as the respondent in the application filed under Section 13-B before learned Family Court No.1, Jodhpur is that the marriage between the parties took place on 21.01.2011. However, since 20.03.2014, the parties are living separately. It is further stated that they have not been able to live together and they have mutually agreed to dissolve the marriage. The parties by way of filling the joint application dated 03.11.2022 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 re-settlement. 3. The learned Family Court No.1, Jodhpur vide order dated 10.11.2022 rejected the application filed by the parties before it on 03.11.2022 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 the record. 5. We are satisfied that the parties are living separately for more than the statutory period and all efforts to reunite them have failed. There is no chance of reconciliation and further waiting period will only prolong the agony. In the case of 6. Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746 , Hon’ble the Apex Court has held that the period mentioned in Section 13-B(2) of the Hindu Marriage Act, 1955 is only directory. The parties before us have made out a case to waive the statutory period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955. 7. Accordingly, the present D.B. Civil Misc. Appeal is allowed. The impugned order dated 10.11.2022 passed by the Family Court No.1, Jodhpur in Civil Case No. 1072/2022- Smt. Swati Bhati v Lovejeet Bhati is set aside. The parties before us have made out a case to waive the statutory period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955. 7. Accordingly, the present D.B. Civil Misc. Appeal is allowed. The impugned order dated 10.11.2022 passed by the Family Court No.1, Jodhpur in Civil Case No. 1072/2022- Smt. Swati Bhati v Lovejeet Bhati is set aside. The parties are directed to appear before the Family Court No.1, Jodhpur on 05.01.2023. The Family Court No.1, Jodhpur is directed to pass decree of divorce in favour of the parties in accordance with law.