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Judgment
Vishal Dhagat, J
Petitioners have filed this miscellaneous petition challenging order dated 09.02.2022 contained in Annexure-P/1.
Learned counsel appearing for petitioners submitted that petitioners had filed a petition under Section 13-B of the Hindu Marriage Act for divorce by
mutual consent.
It is submitted by counsel appearing for petitioners that after first motion i.e. recording of evidence of both the parties, case was fixed after period of
six months. During the pendency of case, an application was filed to waive off the period of six months. In the application, it was mentioned that
petitioners No.1 and 2 got separated from each other from 24.01.2016. Application for divorce has been filed on 18.03.2021. Parties are living
separately for sufficiently long time for more than about five years. Since, both the parties had enough time to consider the prospects of their marriage
and after passing of sufficient time a decision has been taken by petitioners No.1 and 2 that it is not possible for them to continue the marriage and,
therefore, they had filed petition under Section 13-B of the Hindu Marriage Act. Trial Court has rejected the application for waiving off the period of
six months on the ground that six month period is prescribed in the Act as ""cooling period"" so that party can think over their relationship to continue
with marriage or not. Since, more than five years has lapsed when petitioners No.1 and 2 are living separately, therefore, they had sufficient time to
think about their relationship and it has also been submitted in the application that there is irretrievable breakdown of marriage between the parties. In
view of aforesaid circumstances, trial Court has committed an error in not allowing the application filed by petitioners No.1 and 2 jointly.
In view of same order dated 09.02.2022 is set aside. Application filed by petitioners No.1 and 2 jointly is allowed.
Trial Court shall proceed to record the evidence of petitioners No.1 and 2 through video conferencing as directed vide order dated 12.08.2021
(Annexure-P/4) and is also directed to consider the case of petitioners No.1 and 2 under Section 13-B of the Hindu Marriage Act on the next date of
hearing and pass order on its merits.
With aforesaid direction, miscellaneous petition is disposed off.