The main legal point established in the judgment is the importance of reconciliation and mediation in matrimonial disputes, and the duty of the Family Court to make sincere efforts at reconciliation before proceeding with the case.

JUDGMENT :

Rakesh Srivastava, J.

1. Smt. Sunita Maurya (wife), the petitioner and Anil Kumar Maurya (husband), the respondent No. 2 were married according to Hindu rites and ceremonies, at Pratapgarh, on 12.6.2003. The parties continued to peacefully live together up to 26.2.2011, after which serious differences arose between the couple. This led to the wife initiating proceedings against the husband under Section 125 Cr.P.C. (registered as Case No. 3087 of 2013). In the said proceedings, the parties entered into a compromise. As per the said compromise the respondent No. 2 paid a sum of Rs. 2,51,000/- to the petitioner, as full and final settlement towards permanent alimony.

2. In February, 2019 the petitioner filed a Divorce Petition bearing Suit No. 104 of 2019 titled Sunita Maurya v. Anil Kumar Maurya under Section 13 of the Hindu Marriage Act, 1953(sic 1955) (for short 'Act') seeking a decree of dissolution of marriage. On 6.12.2019 the said petition was got dismissed as not pressed. On 7.12.2019, the petitioner as well as the respondent No. 2 filed a joint petition under Section 13-B of the Act (Original Suit No. 1093 of 2019) before the Principal Judge, Family Court, Pratapgarh seeking divorce by mutual consent.

3. On 19.12.2019 the petitioner moved an application for waiver of the statutory six months period on the ground that the petitioner was going to get a job shortly and in case the marriage was not dissolved, she would loose the job and her career would be spoiled. The respondent No. 2 endorsed 'no objection' on the said application, The relevant portion of the application is extracted below:

^^fouez fuosnu gS fd mDr eqdnek mHk;i{kksa dh lgefr ds vk/kkj ij ÁLrqr fd;k tk jgk gSA ÁFke i{k o f}rh; i{k ds e/; o"kZ 2015 esa gh lqyg le>kSrk gks x;k Fkk rFkk lHkh eqdnesa lekIr gks pqds FksA

ÁFke i{k ,d lfoZl ÁkIr gks jgh gS ftldh frfFk utnhd gS ftlesa fookg&foPNsn ds fMxzh dh vko';drk gS ;fn fMxzh u feyh rks ÁFke i{k ukSdjh ls foeq[k gks tk;sxh rFkk mldk dSfj;j cckZn gks tk;sxk ÁFke i{k ds firk thou e`R;q ls tw> jgsa gS ÁFke i{k o f}rh; i{k ds 'ks"k eqdnesa xqtkjk] fonkbZ] ngst o"kZ 2015 esa vyx&vyx jgus gsrq fuLrkfjr gks pqds gS rFkk mHk;i{k vyx&vyx thou;kiu dj jgs gSA

vr% ÁkFkZuk gS fd mHk; i{kksa }kjk ÁLrqr mijksDr eqdnek fuLrkfjr djus dh d`ik djsaA**

4. Through an order dated 2.1.2020, the said application has been rejected by the Principal Judge, Family Court, Pratapgarh. The relevant portion of the order, to which the attention of the Court was drawn by the counsel for the petitioner, is extracted below:

"Heard learned counsel for the party and perused the record.

Applicant Sunita mentioned the reasons for waiving six months statutory period that she is going to obtain Government job very soon in which decree for dissolution of marriage is required if she will not get decree as early as possible then she may lost the job and her career will be destroyed. She is living separately from her husband since 2015 and all her disputes and differences have been settled.

From the perusal of the papers annexed alongwith the application being paper number 9 (x)1/8 shows that application form for the post of Physical Training Instructor Grade III 2018 was filled up by the applicant on 15th June 2018 and in this application she has declared her marital status as divorcee without getting her marriage dissolved by way of decree of divorce. She has declared herself as divorcee in her application for job and now she has filed petition under Section 13(B) for dissolution of marriage on 11/12/2019. From the above facts it is clear that without getting the decree of divorce from the Court, she has falsely stated in her application her marital status as divorcee. It is clear that to mitigate her previous false statement regarding her marital status she has filed present petition for divorce.

The reasons given by applicant for waiving of six months statutory period is that she required decree of divorce for getting Government job cannot be accept