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Judgment
Heard on the application under Section 5 of the Limitation Act so as the review petition.
The only ground raised for challenge to the order dated 18th December, 2015 is regarding non-adherence of the provisions of Section 13B(2) of the
Hindu Marriage Act, 1955 (for short “the Act of 1955â€) for grant of mutual divorce. The period of six months did not expire at the time of grant
of decree under Section 13B(2) of the Act of 1955.
We have considered the only argument raised by learned counsel for seeking review of the order dated 18th December, 2015. The Apex Court in its
recent judgment in the case of Amardeep Singh Vs. Harveen Kaur reported in (2017) 8 SCC 746 held provision of Section 13B(2) of the Act of 1955
to be directory and not mandatory in nature. The period of six months can be dispensed with by the Court for divorce under Section 13B(2) of the Act
of 1955.
In view of the above, the only argument raised to seek review of the order cannot be accepted. Accordingly, the review petition is dismissed.
Since the review petition has been dismissed on merit, the application for condonation of delay be treated as disposed of.