Honble TATIA, J.— The facts in brief as pleaded by both the appellants are that both the appellants fell in love with each other and without the consent of their parent entered into wedlock on 26.8.206 by following the rites of Arya Samaj. They could not live together for a single day (or night) as immediately after their marriage, the fact of marriage of the appellants came in knowledge of their parents and they did not accept this marriage. Because of above fact situation only, the appellants stated that the “appellants do not want to live together nor they want to continue this marriage relation because they contacted the marriage because of their lack of understanding”. They further pleaded that not only they did not live together for a single day (or night) after marriage, but they did not meet with each other for a single moment after the marriage. With these averments, the appellants, husband and wife filed present petition before the Family Court under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act of 1955) for obtaining mutual consent divorce decree. They pleaded that now both the parties- the appellants, after obtaining the divorce decree by mutual consent, shall live separate from each other and both the appellants want to marry with other persons, the person who has been chosen or suggested by their parents or family members, therefore, both the appellants submitted that for this their family members also agreed (or appellants agreed to wishes of their parents). With these pleadings, the appellants prayed that therefore, they are submitting this mutual consent divorce petition under Section 13B of the Act of 1955 and appellants prayed that their matrimonial relation may be dissolved from today itself by dispensation with the requirement of six months waiting period as provided under Section 13B of the Act of 1955, which restricts the court from passing the decree for divorce before period of six months from the date of presentation of petition under Section 13B of the Act of 1955.

2. It appears from the copies of the divorce petition and application submitted for dispensing from waiting period of six months for divorce decree as required by sub-section (2) of Section 13B and the copies of the affidavit of parties and there relatives, which makes it clear that the appellants submitted this petition for divorce by mutual consent as they may have been advised to do so by legal experts who gone through the various judgments, which according to appellants indicates that the requisite period of six months before which decree for divorce even by mutual consent can be granted by the court, has been considered and as per the learned counsel for the appellants, following the policy of liberalization in the matter of grant of divorce, the condition for waiting for six months after presentation of petition under Section 13B of the Act of 1955 for mutual consent divorce is held not mandatory and this period can be dispensed with by the court. Therefore, the appellants who sought divorce forthwith, on the same day, from the court under Section 13B of the Act of 1955 annexed an application for condonation of period of six months for grant of divorce and quoted the following authorities in support of their prayer for condoning the period of six months. These are the judgment referred in the application of the appellants dated 24th March, 2008, which was filed on the same date on which the divorce petition was filed under Section 13B of the At of 1955.

1. 1995(2) CCC 164 (P&H) Lalit Kumar @ Manga vs. Sushma Sharma.

2. 2008(1) Femi – Juris CC 134 (Mad.) K. Thiruvengadam & Anr vs. Nil.

3. AIR 1999 A.P. 91. In Re: Grandhi Venkata Chitti Abbai & Anr.

4. II (1998) DMC 694 (DB) Kerala High court, Manoja Kumari vs. Bhasi.

5. 1997(1) CCC 392 (P&H) Smt. Krishna Kumari vs. Ashwani Kumar.

3. The appellants submitted an affidavit of Smt. Kamla Devi – the mother of the appellant no.2 (wife) and mother-in-law of the app

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