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S.P.Sasikumar vs J.Banu Priya on 18 February, 2020

C.R.P.No.699 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18..02..2020
CORAM

THE HON’BLE MR.JUSTICE V.BHARATHIDASAN

Civil Revision Petition No.699 of 2020

S.P.Sasikumar
… Petitioner
-Versus-
J.Banu Priya
… Respondent

Petition filed under Article 227 of the Constitution of India,
praying for a direction to the learned Subordinate Judge, Tambaram,
to dispose of the original petition in O.P.No.846 of 2019 filed by the
petitioner seeking divorce by mutual consent within the time frame
to be fixed by this court.

For Petitioner : Mr.A.M.Amutha Ganesh
For Respondent : Mr.A.Velmurugan

ORDER

This civil revision petition has been filed seeking a direction to

the learned Subordinate Judge, Tambaram, to dispose of the original

petition in H.M.O.P.No.846 of 2019 filed by the petitioner and the

respondent herein under Section 13(B) of The Hindu Marriage Act,

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seeking divorce by mutual consent.

2. The petitioner is the husband of the respondent. He along

with the respondent filed the original petition in H.M.O.P.No.846 of

2019 under Section 13(B) of The Hindu Marriage Act, 1955, seeking

divorce by mutual consent. The grievance of the petitioner as well as

the respondent is that the petition filed by them seeking to waive the

statutory period has not been considered and the same has been

adjourned to 15.06.2020.

3. The learned counsel for the petitioner would submit that the

marriage between the petitioner was solemnized on 21.08.2015 and

thereafter, due to misunderstanding, they got separated in the year

2017. Thereafter, they have decided to go for divorce by mutual

consent and filed a petition for divorce by mutual consent under

Section 13(B) of The Hindu Marriage Act, along with an application

under Section 13(B)(2) of The Hindu Marriage Act for waiver of

statutory period. But, that application has not yet been considered by

the court below and it had adjourned the same to 15.06.2020.

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C.R.P.No.699 of 2020

Therefore, the petitioner is before this court for appropriate

direction.

4. In Amardeep Singh v. Harveen Kaur, 2017 SCC OnLine

SC 1073 : CDJ 2017 SC 1057, the Hon’ble Supreme Court has

issued certain guidelines on the subject which read as follows:- ”

18. Applying the above to the present situation, we are of the
view that where the Court dealing with a matter is satisfied that a case
is made out to waive the statutory period under Section 13B(2), it can
do so after considering the following :

i) the statutory period of six months specified
in Section 13-B(2), in addition to the statutory period
of one year under Section 13-B(1) of separation of
parties is already over before the first motion itself;

ii) all efforts for mediation/conciliation
including efforts in terms of Order XXXIIA Rule 3
CPC/Section 23(2) of of the Act/Section 9 of the
Family Courts Act to reunite the parties have failed
and there is no likelihood of success in that direction
by any further efforts;

iii) the parties have genuinely settled their
differences including alimony, custody of child or
any other pending issues between the parties;

iv) the waiting period will only prolong their
agony.

19. The waiver application can be filed one week after the first
motion giving reasons for the prayer for waiver.

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C.R.P.No.699 of 2020

20. If the above conditions are satisfied, the waiver of the
waiting period for the second motion will be in the discretion of the
concerned Court.

21. Since we are of the view that the period mentioned in
Section 13B(2) is not mandatory but directory, it will be open to the
Court to exercise its discretion in the facts and circumstances of each
case where there is no possibility of parties resuming cohabitation and
there are chances of alternative rehabilitation.”

5. In the light of the above said position, the learned

Subordinate Judge, Tambaram, is directed consider the application

filed by the parties seeking waiver of the statutory period under

Section 13(B)2 of The Act, bearing in mind the guidelines issued by

the Hon’ble Supreme Court in the judgement referred to supra, and

dispose of the same as expeditiously as possible and thereafter, take

the the petition for divorce for hearing and pass appropriate orders

on the divorce petition. The above said exercises shall be completed

within a period of four weeks from the date of receipt of a copy of

this order. This civil revision petition is disposed of accordingly with

the above directions. No costs.

Index : yes / no 18..02..2020
Internet : yes / no
Speaking / Non Speaking Order
kmk

Note: Issue order copy on 21.02.2020.

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C.R.P.No.699 of 2020

To

1.The Subordinate Judge, Tambram, Kancheepuram District.

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C.R.P.No.699 of 2020

V.BHARATHIDASAN.J.,

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C.R.P.No.699 of 2020

18..02..2020

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