Lower Court's Insistence On 6-Month Wait Uncalled For, Marriage Irretrievably Broken: Punjab & Haryana High Court Waives Off Six Months Period

The Punjab & Haryana High Court recently observed that approach adopted by the lower Court in insisting the parties to wait for another six months for a second motion hearing, when when the marriage between the parties has irretrievably broken, is totally uncalled for.

The Bench of Justice Arun Monga Said:

"The marriage between the parties has irretrievably broken and now they have decided to part their ways, so that they both have an opportunity to live their lives in the manner they like and in the given situation, the insistence of the Court below to wait to another six months would result in adding to their woes."

The matter before the Court

The Court was hearing a joint petition filed under Article 227 of Constitution of India for setting aside the order passed by Principal Judge, Family Court, Fatehabad, whereby their application for waiver of the statutory period of 06 months filed in a joint petition under Section 13-B of the Hindu Marriage Act, has been dismissed,

It was argued that the decision of the Court was not in consonance with the guidelines laid down by Supreme Court in the case titled Amardeep Singh v. Harveen Kaur.

[In Amardeep case, the Apex Court had held that the period mentioned in Section 13B(2) is not mandatory but directory and it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation]

The facts of the Case

The marriage of the parties was solemnized in January 2001 according to Hindu Rites and Ceremonies and they cohabited as husband and wife. The parties were blessed with two children, one male, and a female. The son born to the parties unfortunately died. While the daughter is stated to have been married and living in a matrimonial home.

Due to temperamental differences, both the parties started living separately since December, 2015 and since, there were no chances of reconciliation, therefore, the parties filed a joint petition for dissolution of their marriage by way of mutual consent, under Section 13-B of HMA before the Family Court.

Both the parties moved an application for waiver of the statutory period of six months, which was dismissed by the Principal Judge, Family Court, Fatehabad, vide impugned order dated February 2021.

Court's order

After interaction with them, the Court was of the view that their marriage seems to have broken down irretrievably and there is no possibility of any reconciliation between them.

Further, keeping in view the averments made in the petition and in view of the law laid down in Amardeep Singh' the Court was of the considered view that the approach adopted by the Court below in insisting the parties to wait for another six months for the second motion hearing is totally uncalled for.

Consequently, the revision petition was allowed and the order of the lower Court was set aside and the Principal Judge, Family Court, Fatehabad was directed:

"To entertain the joint petition filed by the petitioners under Section 13-B of HMA by waiving off six months period and proceed with the petition by recording the respective statements of parties and dispose of the petition on merits, in accordance with law."

Case title - Smt. Sunita @ Nisha v. Yogesh Kumar

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