The court has the discretion to waive the waiting period for the grant of a decree of divorce under Sec.13-B of the Hindu Marriage Act, 1955, in cases of irretrievable breakdown of marriage and exceptional circumstances.

1. This is petition under Article 227 of the Constitution of India filed by the petitioner-wife seeking a direction from this court to condone the statutory period of six months for the grant of decree of divorce under Sec.13-B of the Hindu Marriage act, 1955 (for short the Act ).

2. It has been averred in the petition that marriage between the parties took place on 29-7-2007. Their relations, however, ran into rough weather and when finally it appeared that there was no scope for reconciliation between them, they on being persuaded by the respectables from both the sides and with the efforts made by the Mediation Centre of this Court, decided to get their marriage dissolved by a decree of divorce by mutual consent. They also arrived at settlement, a copy of which has also been placed as Annexure P-1 on the record of this petition. The parties, thus, preferred a petition under Sec.13-B of the Act which is pending before the Additional District Judge, mohali, who has recorded the joint statement of the parties on 1-4-2009, and has adjourned the petition for 5-10-2009 in terms of sub-section (2) of Sec.13-B of the Act.

3. In response to notice of motion issued by this Court, the respondent has put in appearance.

4. Learned counsel appearing for the petitioner submitted that the prayer made in this petition may be accepted so as to enable the petitioner to move ahead for remarrying to the new match. The counsel further submitted that this is a case of exceptional circumstances which cannot brook any delay and, thus, in the interest of justice, a direction as prayed for in the petition needs to be issued. In support of the prayer made in the petition, the counsel appearing for the petitioner placed reliance on the judgments of this Court in Payal Gupta V/s. Kunal gupta, 2006 (2) Law Herald (P and H) 1076 : 2006 (4) ALJ 506 (EE); Jasbir Singh V/s. Mohindro Devi, 2004 (2) All India Hindu Law reporter 257 : AIR 2004 (NOC) 412; Shiv charan Singh V/s. Honble the District Judge, district Court Bathinda, 2009 (1) Marriage law Journal 295 and also of Delhi High court in Ms. Priya V/s. Sanjay Gaba, 2004 (1)All India Hindu Law Reporter 640. Learned counsel appearing for the respondent has, on other hand, raised no objection to the prayer of the petitioner being granted.

5. In the wake of the submissions made by counsel for the parties, statements of the parties, who are present in Court and have been duly identified by their respective counsel, have been recorded and placed on record separately. Both of them deposed on the lines of the averments made in the petition. It was stated by them in clear terms that they have agreed to get their marriage dissolved by a decree of divorce by mutual consent. The respondent-husband has stated that in terms of the settlement arrived at between him and the petitioner-wife, he has already deposited a sum of Rs.2,25,000/-with the Mediation Centre of this Court, payable to the petitioner on account of permanent alimony. The petitioner-wife in her statement has admitted the correctness of the statement of the respondent-husband made in this Court today. Besides, she has also stated that she would withdraw all criminal litigation pending against her husband and his family members after the bank drafts are released to her and the decree of divorce is passed:

6. After hearing learned counsel for the parties and giving my thoughtful consideration to the issue involved herein, in my opinion, the petition deserves to succeed. Sec. 13-B of the Act reads as under :-

"13-B Divorde 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 solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have n