Punjab-Haryana High Court
Prabhjot Kaur vs Gurbhej Singh on 21 October, 2022
CR No.4657 of 2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.114 CR No.4657 of 2022
Date of Decision: 21.10.2022
Prabhjot Kaur .... Petitioner
Versus
Gurbhej Singh ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. J.K.Goel, Advocate and
Mr. Shvetanshu Goel, Advocate
for the petitioner.
***
TRIBHUVAN DAHIYA, J. (ORAL)
This revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 08.09.2022 (Annexure P-6) whereby petitioner's application for waiving off the mandatory six months' period before recording second motion statement under Section 13B (2) of the Hindu Marriage Act, 1955, has been dismissed.
2. Facts of the case are, parties filed petition for divorce by mutual consent under Section 13B of the Act. Their first motion statement was recorded on 20.07.2022 and the case was adjourned beyond six months to 21.01.2023 for recording the second motion statement. An application for waiving off the mandatory period of six months was filed on 31.08.2022, which was dismissed by the impugned order dated 08.09.2022. Almost half of the mandatory period is already over and the case is already fixed for recording the second motion statement on 21.01.2023.
1 of 2 ::: Downloaded on - 27-10-2022 22:13:11 ::: CR No.4657 of 2022 2
3. In view of the aforesaid, this Court is not inclined to interfere with the impugned order dated 08.09.2022 (Annexure P-6).
4. Petition stands dismissed.
(TRIBHUVAN DAHIYA)
JUDGE
21.10.2022
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
::: Downloaded on - 27-10-2022 22:13:12 :::