JUDGMENT :

M. Yusuf Eqbal, J.

Leave granted.

2. This appeal by special leave is directed against order dated 14.7.2015 passed by the Principal Judge, Family Court South, Saket, New Delhi in HMA No. 613 of 2015, whereby petition for first motion for divorce by mutual consent Under Section 13-B(1) of Hindu Marriage Act, 1955 (in short, 'the Act') moved by the parties has been allowed. However, Family Court rejected prayer for waiving of statutory period of six months prescribed Under Section 13-B(2) of the Act for filing second motion.

3. The brief facts of the case lie in a narrow compass.

4. The Appellant and the Respondent married as per Hindu rites and customs at the parental house of the Appellant sometime in the year 2009 and after marriage they shifted to Delhi. The parties ever since the marriage did not pull together being of different habits, ideas and completely different in nature and temperament. They could not adjust with each other at all. Since February 2014, the Appellant and the Respondent started living separately as they had irreconcilable differences and there was no possibility of any reconciliation between them. As a result, the Appellant and the Respondent filed a joint petition for divorce by mutual consent as contemplated Under Section 13-B(1) of the Hindu Marriage Act, 1955 in the court of Principal Judge, Family Court, South Saket, New Delhi. Along with that joint petition for divorce, parties placed on record a true copy of details/confirmed air ticket from Delhi to Frankfurt for travel of the Respondent on 16.07.2015 for his professional purpose.

5. The Family Court recorded the joint statement of the first motion Under Section 13-B(1) of the Act on 14.7.2015 where they stated that the Respondent-husband shall pay Rs. 15 Lakhs as full and final settlement of all her claims (past, present and future) and out of which, Rs. 6 lakhs had already been received by the Appellant-wife. It was further stated that there was no possibility of any reconciliation between the parties. On 14.7.2015, after recording joint statement of the first motion, the Principal Judge passed an interim order whereby she allowed the first motion petition for divorce and rejected the prayer for waiving of statutory period of six months prescribed Under Section 13-B(2) of the Act for filing the second motion. Hence, it is the Appellant who moved this Court seeking relief for waiver of the prescribed period of six months.

6. For better appreciation, the order passed by the Principal Judge, Family Court, South Saket, New Delhi is extracted here in below:

1.0 Smt. Soni Kumari and Sh. Deepak Kumar, both the Petitioners, have jointly filed this petition Under Section 13-B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") for Soni Kumari and Deepak Kumar dissolution of their marriage by a decree of divorce consent.

2.0 This Court made sincere efforts for reconciliation between the parties; but, the efforts for reconciliation yielded no fruitful result. Both the Petitioners submitted that they have made up their mind to part ways and take divorce by mutual consent, in terms of the compromise effected between them. Consequently, the joint statement of the Petitioners was recorded today i.e. 14.07.2015.

3.0 I have heard both the sides and have also carefully perused the entire material on the record including the joint statement of the Petitioners.

4.0 Petitioners have testified that marriage between them was solemnized on 27.11.2009 at Maharaj Ganj, Madhubani, Bihar according to Hindu rites and ceremonies. Proof of marriage-marriage photograph is Ex. P1 (Colly). It is stated that no child was born out of this wedlock. Petitioners have been living separately since February 2014 due to temperamental differences; they have not resumed cohabitation since then. It is also stated that now there is no possibility of their living together as husband and wife.

4.1 Vide their joint statement, Petitioners have also stated that both of the