JUDGMENT :

Mahesh Chandra Tripathi, Sanjay Kumar Pachori, J.

1. Heard Shri Pankaj Agarwal, learned counsel for the appellant (wife) and Ms. Utkarshni Singh, learned counsel for second respondent (husband).

2. The exemption application is allowed. Let the appeal be given regular number.

3. Present first appeal has been preferred assailing the validity of order dated 12.1.2021 passed by Incharge Principal Judge, Family Court, Gautam Budh Nagar in Divorce Petition No. 592 of 2020 Smt. Priyanka Chauhan v. Saurabh Chauhan, by which application 17/C has been rejected by learned Family Court without assigning any reason. The application 17/C has been filed by the appellant and second respondent supported with a joint affidavit 18/C for waiving six months statutory period for second motion before granting a decree for mutual divorce.

4. The question, which arises for consideration in the instant appeal under Section 19 of the Family Courts Act is whether the minimum period of six months stipulated under Section 13-B(2) of The Hindu Marriage Act, 1955 (The Act) for motion of passing of decree of divorce on the basis of mutual consent may be relaxed in any exceptional situation.

5. The brief facts