The statutory waiting period under Section 13-B(2) of the Hindu Marriage Act is not mandatory but directory, and the court has discretion to waive the waiting period based on the facts and circumstances of each case.

JUDGMENT :

Archana Puri, J.

1. The matter has been taken up through video conferencing in the light of COVID-19 pandemic.

CM-761-CII-2022

2. The present application has been filed for preponement of date of hearing of the main case, which is fixed for 21.02.2022.

3. In view of the averments made in the application, the same is allowed and the main case i.e. CR-3270-2021 is taken for hearing today itself.

CR-3270-2021

4. Challenge in the present revision petition is to the order dated 22.11.2021 (Annexure P-4), passed by learned Addl. Principal Judge, Family Court, whereby an joint application filed by the parties for waiver of the statutory period of six months for recording the statements of second motion, has been declined.

5. The material facts of the case are as follows:-

That, marriage between parties i.e. Amit and Preeti, was solemnized on 29.06.2020, at village Bairan, Tehsil Loharu, District Bhiwani. However, they could not live together due to temperamental differences and they are residing separate since 16.08.2020. Considering the broken status of their marriage, they filed the petition for seeking divorce by mutual consent under Section 13-B of the Hindu Marriage Act on 17.09.2021. On that very day, statements of first motion were recorded and the case was further adjourned to 18.03.2022 for recording the statements of the parties of second motion. However, during the pendency of the petition, a joint application was filed by both the petitioners, thereby seeking waiver of statutory wait of six months.

6. Vide impugned order dated 22.11.2021, the above-said application seeking waiver of statutory wait of six months was dismissed.

7. Feeling aggrieved by the above-said order, present petition has been filed.

8. Now, both the counsel for the petitioners submitted in unison that due to incompatibility and different temperaments, the petitioners could not live together and they are residing separate since 16.08.2020. Both of them lived together for small span of time, after marriage. Considering the broken status of the marriage, divorce petition by mutual consent had been filed. All terms of separation have been duly complied between them. Even, an amount of Rs.7,33,000/- has been received by petitioner No.2 from petitioner No.1. Also, it is submitted by learned counsel for the petitioner No.2 that she has applied for the post of Teacher in Rajasthan and she has qualified REET-2021 examination. There is provision of reservation for divorced ladies for selection for the above-said post and if the statement of second motion could be recorded on earlier date, then she could seek the benefit of reservation in the said examination.

9. Learned lower Court had dismissed the application for seeking waiver of statutory period of six months as it is observed that the condition as laid down by the Hon'ble Supreme Court in Amardeep Singh vs. Harveen Kaur, 2017 (8) SCC 746, have not been complied with. Moreover, there is no document coming on record with regard to the qualification of petitioner No.2 to REET-2021 examination.

10. In Amardeep Singh's case (supra), so relied upon by the lower Court, the Hon'ble Supreme Court has held as under:-

“19. Applying the above to the present situation, we are of the view that where the court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13-B (2), it can do so after considering the following:

(i) The statutory period of six months specified in Section 13-B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

(ii) All efforts for mediation/conciliation including efforts in terms of Order 32A Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

(iii) The parties have genuinely settled their differences including alimony, custody of ch