JUDGMENT :

VIKAS BAHL, J.

1. The present joint petition under Article 227 of the Constitution of India has been filed by the husband (petitioner No.1) and wife (petitioner No.2) with a prayer for setting aside the order dated 23.10.2025 (Annexure P-4) passed by the Principal Judge, Family Court, Amritsar whereby an application preferred by the petitioners seeking waiver of the statutory period of six months for recording of the statement of second motion as provided under Section 13-B of the Hindu Marriage Act, 1955 in case No.HMA/1881/2025 has been declined. Further prayer has been made for preponement of the date of hearing fixed for recording of the statement of second motion between the parties from 20.03.2026 to an earlier date.

2. The petitioners have filed a joint petition under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce by mutual consent. In the said petition, it had been stated that the marriage between the petitioners was solemnized in October, 2021 as per Sikh religious rites and ceremonies at Amritsar and out of the marriage, no child was born and since there were temperamental differences between the parties, thus, the petitioners could not live together and since June, 2024, the parties have been living separately and have not resumed cohabitation. It was further specifically stated that the matter between the parties had been finally settled with the intervention of the respectables and petitioner No.1 had agreed to pay an amount of Rs.25 lacs to petitioner No.2 in lieu of her past, present and future alimony as full and final settlement and the said amount would be paid in two installments i.e., Rs.10 lacs was to be paid on recording of the first statement and remaining Rs.15 lacs was to be paid on recording of the second statement. It had further been stated that petitioner No.2 had moved an application against petitioner No.1 in the Women Cell, Amritsar and petitioner No.2 had agreed to withdraw her application from the Women Cell and that both the parties would withdraw all their complaints filed against each other. It was further submitted that there was no possibility or probability of petitioners living together as husband and wife and they have not lived together in spite of intervention of respectables and with the intervention of the respectables, it had been finally decided that the marriage would be dissolved as the same would be in the best interest of both the parties and the said decision had been taken without any kind of duress or pressure from any side and the present petition had been filed voluntarily.

3. It has been brought to the notice of this Court by learned counsel for the petitioners that subsequent to the said petition, first motion statements of the petitioners have been recorded on 12.09.2025 and an amount of Rs.10 lacs has already been paid by petitioner No.1 to petitioner No.2. It is further submitted that a joint application was filed by the petitioners for waiving off the period of six months on account of the fact that the parties are mature and are residing separately since June, 2024 and have further resolved all their issues and also want to end the prolonged litigation between them, including the civil suit filed by the mother of petitioner No.1 and petitioner No.1 against petitioner No.2 and the complaint filed by petitioner No.2 against petitioner No.1. It is submitted that relatives of the parties have also tried their best to see if the petitioners could live together but on account of temperamental differences, same is not possible. It is further submitted that it would be in the best interest of both the parties in case divorce is granted by waiving off six months period as all the aspects have been finally settled between the parties and marriage between the parties has irretrievably broken down. It is stated that the petitioners are mature persons and had lived together but have been living separately since June, 2024