The requirement of a Motion within the time specified under sub-Section (2) of Section 13-B of the Hindu Marriage Act, 1955, is mandatory and cannot be waived. The statutory period of six months cannot be waived in a divorce proceeding by mutual consent.

( 1 ) THE preseat petition is directed against the order of Additional District Judge dated October 11, 1991, only to the extent that he declined to waive the second Motion under Section 13-B of the Hindu Marriage Act, 1955, (hereinafter referred to as t Act) and has not passed any order with regard to the same. The decree for divorce was prayed under Section 13-B of the Act, without waiting for the statutory period of six months.

( 2 ) THE brief facts of the case are that the petitioner and respondent were married on December, 14, 1987 at Delhi according to Hindu rites. The parties resided and lived together as husband and wife till 17th August, 1990. No child has been born out of the wedlock. The parties separated from each other and started living separately since August 17, 1990, in view of the irreconcilable differences between them. The petitioner filed a criminal complaint registered as FIR No 26 3 of 1990, inter alia under Section 498-A/406/34 IPC with police station Chitranjan Park, Nanakpura, New Delhi. The relations, friends, as well as, well-wishers of both the parties voluntarily and mutually were able to settle their differences in respect of their rights and claims against each other and an agreement dated October 9, 1991, as a consequence was entered into between the parties. The petitioner, as well as, the respondent filed a petition thereafter for dissolution of their marriage by a decree of divorce under Section 13b of the Act, which related to divorce by mutual consent. The statements of the parties were recorded before the Additional District-Judge to the effect that they cannot live together and as a consequence have settled their claims in terms of the agreement and have moved the joint petition of their own free will, without any force, fraud and undue Influence.

( 3 ) THE Additional District Judge passed the order on the game day i. e. on October II, 1991, allowing the petition and taking the same on record. He further ordered that the second Motion may be made within the statutory period of limitation. The petitioner, as well as, the respondent are aggrieved by this part of the order and have prayed that the marriage may be dissolved after waiving of the statutory period of six months, as provided in Section 13-B of the Act.

( 4 ) THE short question, which arises in this petition is, whether, the requirement of law, as contained in sub-Section 2 of Section 13-B is a matter of mere formality and whether, the said period can be waived. The relevant provisions of Section 13-B may be reproduced as follows : "13-B. Divorce by mutual consent (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to insub-Section (1)and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after bearing the parties and after making such inquiry as it thinks fit, that marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. "

( 5 ) THE learned Counsel for the petitioner, as well as, for the respondent have argued that the requirement of a Motion within the time specified under sub-Section (2) of Section 13-B is merely a matter of formality and that a decree of divorce can be granted, without waiting for the period of six months, specifie