Karnataka High Court
Smt. Upali Gosh vs Nil on 23 March, 2018
Author: Raghvendra S.Chauhan
Bench: Raghvendra S. Chauhan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH 2018
BEFORE
THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN
WRIT PETITION Nos.12568-12569/2018 (GM-FC)
BETWEEN:
1. Smt. Upali Gosh,
Daughter of late Sudhir Chowdhury,
Wife of Sri Anirban Gosh,
Aged about 38 years,
Residing at No.45,
Ranga Residency, Flat G-4,
1st Main, 1st Cross,
Annapoorneshwarinagar,
Nagarbhavi, Viswaneedam,
Bengaluru - 560 091.
2. Sri Anirban Gosh,
Son of Sri Apurba Gosh,
Aged about 39 years,
Residing at Flat F-2,
JC Pearl Apartment,
Jayalakshmamma Layout,
2nd Stage, Nagarbhavi,
Bengaluru - 560 094. ...Petitioners
(By Smt. Lakshmy Iyengar, Advocate for
Sri N. Gowtham Raghunath, Advocate)
AND:
-NIL- ... Respondent
These writ petitions are filed under Articles 226 and 227 of
the Constitution of India praying to set aside the order dated
7.3.2018 in M.C.No.193/2018 passed by the 4th Additional
2
Family Judge at Bengaluru vide Annexure-A, direct the 4th
Additional Family Judge at Bengaluru waive off the six months
cooling period in M.C.No.193/2018 pending before the 4th
Additional Family Judge at Bangalore.
These writ petitions coming on for preliminary hearing this
day, the Court made the following:
ORDER
Both Smt. Upali Gosh and Mr. Anirban Gosh, the petitioners, are present before this Court in compliance of the order dated 22.3.2018. Both of them have submitted their respective identity documents. They have also been identified by their counsel, Ms. Lakshmy Iyengar.
2. Both the petitioners-in-person are ad idem that they would like to absolve the marriage on the basis of mutual consent. According to them, they have filed an application under Section 13B of the Hindu Marriage Act, 1955. They had also filed an application seeking that the cooling period of six months should be waived by the Court. However, by order dated 6.2.2018, the said application has been dismissed by the learned Family Court. Hence, this petition before this Court.
3. Smt. Upali Gosh informs this Court that since she is a resident of Kolkata, where her family is residing, since she has 3 medical difficulties for which she has undergone certain operations, since she is saddled with a widowed mother, she would like to get back to Kolkata as soon as possible. Moreover, according to her, a son born within the marriage, Master Aheer Gosh, is also living with her. Since he is about eight years old, she would also need to take him out of Bangalore, and get him admitted by 31.3.2018, in a good school in Kolkata. However, she finds it difficult to leave Bangalore until and unless the six months cooling off period is waived by the learned Family Court.
4. Mr. Anirban Gosh also informs this Court that even he is interested, and has no objection, if the cooling off period of six months were to be waived. According to him, he is paying maintenance for the child. According to him, he also wants the child to safely reach Kolkata, and to continue his education there. Therefore, he would not object, if the cooling off period were to be waived by the learned Family Court.
5. According to the learned counsel for the petitioners, Ms. Lakshmy Iyengar, the learned Family Court has taken rather technical view of the law, without appreciating the humanism of 4 the law. Therefore, according to her, the impugned order deserves to be set aside by this Court.
6. Undoubtedly, the period of six months was imposed by the law in order to give both the parties time to coolly reflect on the repercussion and consequences of a divorce. However, the requirement of law would not mean to be an obstacle to the matrimonial disputes being buried quietly between the parties. If such a view is taken, necessity of six months separation from the date of the filing of the petition till the date of passing of the judgment, the law which tries to maintain peace and harmony within the Society, would become self-defeated one. Therefore, the learned Family Court is required to have a sensitive approach to family disputes that crop up between the husband and the wife.
7. Considering the fact that Smt. Upali Gosh needs to get back to Kolkata in order to look after her own mother, and to get her child admitted in a school, considering the fact that both the petitioners are ad idem that the marriage should end on an quiet note, the impugned order is clearly unsustainable. 5
8. For the reasons stated above, this petition is hereby allowed. The order dated 7.3.2018, is hereby set aside. The learned Family Court is directed to waive off the requirement of six months cooling period, and to expeditiously hear this case considering the fact that Smt. Upali Gosh has to get her child admitted in a school in Kolkata by 31.3.2018.
Sd/-
JUDGE MD