Madhya Pradesh High Court
Surendra Singh vs Smt. Manmeet Kour on 18 June, 2019
1
THE HIGH COURT OF MADHYA PRADESH
MP-2387-2019
(Surendra Singh Vs. Smt. Manmeet Kour)
Gwalior, Dated : 18.06.2019
Petitioner is present in person.
Respondent is present in person.
This petition under Article 227 of the Constitution of India has been filed challenging the order dated 22.04.2019 passed by Judge, Link Family Court, Gwalior, by which he has fixed the case for 31.10.2019 for the consideration of the application filed under Section 13-B of the Hindu Marriage Act.
The necessary facts for the disposal of the present petition in short are that the parties are husband and wife. They moved an application under Section 13-B of the Hindu Marriage Act for grant of divorce on mutual ground. The statements of the witnesses were recorded on 22.04.2019 and thereafter the case was fixed for 31.10.2019 for further proceedings.
It is submitted by the petitioner that it is not mandatory for the Trial Court to adjourn the matter for a period of six months and in the light of the judgment passed by the Supreme Court in the case of Amar Deep Singh Vs. Harveen Kaur reported in (2017) 8 SCC 746, the Court should have passed the decree of divorce.
Considered the submissions made by the parties. From the record, it appears that the petitioner or the respondent 2 never filed any application under Section 13-B(2) of the Hindu Marriage Act for waiver of the statutory period of six months. Unless and until an application for waiver of the statutory period is filed, it cannot be said that it is obligatory on the part of the Court to waive the statutory period of six months.
In absence of any application under Section 13-B(2) of the Hindu Marriage Act, this Court is of the considered opinion that the Trial Court did not commit any mistake in fixing the case after period of six months for further proceedings.
Accordingly, the petition fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2019.07.02 19:12:34 +05'30'