IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

212

CR-2726-2021

Date of Order: 15.11.2021

SAPINDER KAUR

..Petitioner

Versus

RAJDEEP SINGH SAGGU

..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Deepak Goyal, Advocate

for the petitioner.

Mr. Yogesh Goel, Advocate

for respondent.

ANIL KSHETARPAL, J(Oral)

The hearing of the case was held through video conferencing as

prayed by the learned counsels.

A young couple is before this Court.

An application has been filed for waiving off the cooling period of

six months between the first motion and the second motion provided in Section

13B(2) of the Hindu Marriage Act, 1955, in a petition filed for mutual divorce

under Section 13B of the Hindu Marriage Act, 1955, which has been dismissed

by the Family Court.

It has been pointed out that the parties are residing separately since

February, 2020. With the intervention of the respectables, the parties decided

to part their ways. A petition under Section 13B of the Hindu Marriage Act,

1955, was filed on 04.10.2021. The Court recorded first motion on 04.10.2021

itself. The separate statement of the wife and the husband were recorded. The

wife admitted that she has received Rs.3,00,000/- with regard to the past,

present and future maintenance and the dowry articles. The Court adjourned

the case for a future date. As already noticed, the wife filed an application for

waiving off the statutory period of six months which has been declined by the

Family Court.

MOHD AYUB

2021.11.18 11:27

I attest to the accuracy of

this order.

CR-2726-2021

-2-

It has been pointed out that the wife is working as a Nursing Sister

in a Military Hospital at Jalandhar Cantt. whereas the respondent-husband is

stated to be working in a furniture showroom. Both the parties are reasonably

educated.

The learned counsel representing the parties prays for waiving off

the statutory period of six months on the ground that the parties wish to start a

new life after getting over this matter.

The Hon'ble Supreme Court in “Amardeep Singh Vs. Harveen

Kaur, 2017(8) (SCC) 746”, has held that the period mentioned in Section

13B(2) of the Hindu Marriage Act, 1955, is not mandatory but directory and it

is open to the Court to exercise its discretion in the peculiar facts and

circumstances of each case.

After having heard the learned counsel representing the parties at

some length, this Bench is of the considered view that once the parties have

clearly decided to part their ways and live separately, the Court should not

prolong their agony.

In the facts of the case, this Bench is of the considered view that

there is no possibility of parties resuming cohabitation.

Hence, the revision petition is allowed.

The order passed by the Family Court on 11.10.2021, is set aside.

The parties are directed to appear before the Family Court, for recording their

statements in the second motion, on 26.11.2021.

The Family Court shall proceed with the matter in accordance

with the law.

All the pending miscellaneous applications, if any, are also

disposed of.

November 15, 2021

(ANIL KSHETARPAL)

Ay

JUDGE

Whether speaking/reasoned

: Yes/No

Whether reportable

: Yes/No

MOHD AYUB

2021.11.18 11:27

I attest to the accuracy of

this order.