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2021 Supreme(SC) 940

INDIRA BANERJEE, J. K. MAHESHWARI
Amit Kumar – Appellant
Versus
Suman Beniwal – Respondent


Advocates appeared:
For the Petitioner(s):Vikram Hegde, Shantanu Lakhotia, Advocates
For the Respondent(s):Yash Sinha, Ayushi Rajput, Rangoli Seth, Prateek K Chadha, Shashank Ratnu, Advocates

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This appeal is against a judgment and order dated 17th November 2021 passed by the High Court of Punjab and Haryana dismissing the Civil Revisional Application being CRA No. 2537/2021(O&M) filed by the Appellant against an order dated 12th October 2021 passed by the Family Court, Hissar, refusing the prayer of the Appellant and the Respondent, to waive the requirement under Section 13B(2) of the Hindu Marriage Act, 1955 to make the motion for a decree of divorce after at least six months from the date of filing the petition for divorce by mutual consent under Section 13B(1) of the said Act.

3. The Appellant and the Respondent, both of whom are educated and well placed in life (the Appellant being an IPS officer and the Respondent an IFS officer), were married according to Hindu rites on 10th September 2020. Admittedly, on account of irreconciliable differences, the Appellant and Respondent separated on 13th September 2020, that is, precisely three days after marriage.

4. On or about 30th September 2021, after over one year of separation, the Appellant and the Respondent filed a petition in the Family Court under Section 13B of the Hindu M

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