This court, via a writ petition under Article 227, directed the Family Court to fix a mediation date for a mutual consent divorce petition and decide the case within two weeks of the mediation report citing Amar Deep Singh.
Directed the court below to fix a mediation date and decide the case within two weeks of the report.
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Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 617 of 2021
Petitioner :- Deepak Mehlotra @ Lucky Mehlotra Respondent :- Shewta Khanna Counsel for Petitioner :- Ujjawal Satsangi
Hon'ble Prakash Padia,J.
Heard Sr Ujjawal Satsangi, learned counsel for the petitioner. In view of the order proposed to be passed, no need to issue notice the respondent.
Facts in brief as contained in the petition are that the marriage of the petitioner and respondent was solemnized as per Hindu rites, customs and ceremonies on 24.11.2016. Out of the said wedlock, a daughter namely Vanni Meherotra was born on 28.11.2017. Due to some differences, the parties are not able to live together. The petitioner filed a divorce suit i.e., Case No.1019/2018 under Section 13(10(a) of the Hindu Marriage Act, 1956 before the Family Court, Jhansi. Thereafter, on the commitment given by the respondent on 11.12.2018, the aforesaid case was disposed of but their differences were not resolved and they are living separately since 09.10.2019. Thereafter the respondent filed a case under Section 9 of the Hindu Marriage Act and the respondent filed a case under Section 125 of Cr.P.C. for maintenance and Section 12 of Protection of Women from Domestic Violence Act, 2005. The petitioner also lodged FIR under Sections 498A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, 1961. In order to settle their disputes, the parties reached out a settlement which was executed on 16.10.2020. Thereafter, the petitioner and respondent filed a petition No.1107 of 2020 on 19.10.2020 with mutual consent and the parties are decided to withdraw the proceedings started against each other.
It is argued by learned counsel for the petitioner that the divorce petition has been filed with mutual consent, therefore, the period for cooling should be waived off. It is argued that till date no mediation has been taken place between the parties.
Heard learned counsel for the petitioner and perused the record.
In the facts and circumstances of the case, this petition is disposed of directing the court below/Prinicpal Judge, Family Court Varanasi to fix a date for mediation in Divorce Case No.1107 of 2020 (Deepak Mehlotra Vs. Swati Khanna) directing the parties to appear on the aforesaid date before the counselor. The parties are directed to appear before the counselor on the date fixed by the court below. The counselor is directed to submits its report immediately after completion of mediation. The court below is further directed to decide the case within two weeks from the date of receipt of the report from the mediation centre in the light of the law laid down by the Hon'ble Supreme Court in the case of Amar Deep Singh Vs. Harveen Kaur reported in 2017 SC 4417.
Order Date :- 23.2.2021 saqlain
1 issue framed by the court
Whether the cooling-off period should be waived in a mutual consent divorce petition where no mediation has taken place.
Colour shows how this judgement treated each authority
Amar Deep Singh Vs. Harveen KaurApplied¶9
_Amar Deep Singh Vs. Harveen Kaur reported in 2017 SC 4417_
Deepak Mehlotra @ Lucky Mehlotra
Shewta Khanna
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
