Gujarat High Court
Leena Parwani D/O Shantiprakash ... vs Sunil Lekhraj Parwani S/O Lekhraj ... on 17 July, 2017
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/13216/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 13216 of 2017
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LEENA PARWANI D/O SHANTIPRAKASH RAMCHANDANI....Petitioner(s)
Versus
SUNIL LEKHRAJ PARWANI S/O LEKHRAJ PARWANI....Respondent(s)
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Appearance:
MS MINI M NAIR, ADVOCATE for the Petitioner(s) No. 1
DARSHAN M VARANDANI, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 17/07/2017
ORAL ORDER
1. This petition is filed under Articles 226 and 227 of the Constitution of India against the order dated 30.06.2017 passed by learned Principal Senior Civil Judge below application Exh.5 in Hindu Marriage Petition ("HMP") No.70 of 2017, whereby learned Judge has refused the prayer made therein for waiver of six months period before passing decree of divorce by consent under Section 13(B) of the Hindu Marriage Act, 1955 ("the Act").
2. Learned advocate for the petitioner does not press for the petition. She, however, requests that on account of difficulties pointed out in the petition, it may not be possible for the petitioner to attend the conciliation proceedings and, therefore, the petitioner and the respondent may be permitted to remain present at the end of six months before learned Judge for the purpose of passing decree of divorce by consent.
3. The Court, having considered the averments made in the Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jul 18 01:31:52 IST 2017 C/SCA/13216/2017 ORDER application Exh.5 and in the present petition pointing out the difficulties of the petitioner to come from Dubai for the purpose of attending conciliation proceedings, finds it appropriate to observe that non-appearance of the parties during the conciliation proceedings shall not come in the way of the parties for passing decree of divorce by consent under Section 13(B) of the Act. It will be open to the parties to remain present before learned Judge at the end of six months for the purpose of passing decree of divorce by consent under Section 13(B) of the Act.
4. With above observations, the petition stands disposed of as not pressed.
(C.L.SONI, J.) Gupta* Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jul 18 01:31:52 IST 2017