Allowed

Harshvardhan Rai v. Risha Singh

Allahabad HC24 Oct 2024FAPL/175/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an appeal by a husband against an order refusing waiver of the six-month cooling-off period under Section 13-B of the Hindu Marriage Act, 1955. The court held the period is directory, citing Amardeep Singh. It set aside the lower court order and directed posting for decree.

What did the court decide?

Set aside the impugned order refusing waiver; waived the six-month statutory period; directed posting of the case for second motion on 04.11.2024.

Harshvardhan Rai Vs Risha Singh — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71755-DB

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Court No. - 10

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Case :- FIRST APPEAL No. - 175 of 2024

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Appellant :- Harshvardhan Rai Respondent :- Risha Singh Counsel for Appellant :- Kaviya Singh Counsel for Respondent :- Krishna Kumar Shukla

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Sri Krishna Kumar Shukla, Advocate has filed his vakalatnama on behalf of the respondent, which is taken on record.

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Heard learned counsel for the parties.

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This is an appeal by the husband challenging an order dated 17.09.2024, passed by the learned Principal Judge, Family Court, Lucknow in Misc. Application Bearing No. C10 for waiver of statutory cooling off period of 6 months prescribed in sub-section (2) of Section 13-B of Hindu Marriage Act, 1955 (hereinafter referred to as 'Act 1955') for grant of a decree of divorce by mutual consent in Case No.3036 of 2024, captioned (Harsh Vardhan Rai Vs. Dr. Risha Singh).

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The suit is under Section 13-B of the Act, 1955 on a joint application of the appellant and the respondent, for seeking divorce by mutual consent.

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The facts of the case in brief are that marriage between the appellant and the respondent was solemnized as per Hindu rites and customs on 05.12.2022, however, since 17.01.2023 both of them have been living separately.

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Learned counsel for both the parties submit that the marriage has broken down irretrievably and, therefore, every day of subsistence of such marriage is a burden, hence the parties want a waiver of the statutory period prescribed under sub-section (2) of Section 13-B of the Act, 1955. It has been informed that the parties have no children from the said wedlock. Although the parties have remained married since 05.12.2022, but the undisputed fact is that since 17.01.2023 they have been living separately as both of them are of the opinion that the marriage has broken down irretrievably and, therefore, an application was filed under Section 13-B of the Act, 1955 for divorce by

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mutual consent. There are no other criminal or civil proceedings between the parties pending in any Court as informed by their counsel. The counsel also informed us that an attempt for mediation and conciliation had taken place with the help of the family members several times but same has failed. Both the counsel further submit that there is no coercion or pressure from any side for seeking divorce by mutual consent. Both of them as informed are working and have their separate means of livelihood.

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Considering the aforesaid and the decision of Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur reported in (2017) 8 SCC 746 wherein it has been held that the statutory period prescribed in sub-section (2) of Section 13-B of Act, 1955 is directory and not mandatory and after taking into consideration the relevant factors as delineated in the aforesaid decision of Hon'ble Supreme Court in Amardeep Singh (supra) and similar factors enumerated in a recent decision of Hon'ble Supreme Court in the case of Amit Kumar Vs. Sumen Beniwal : Civil Appeal No.7650 of 2021, decided on 11.12.2021 , we are of the opinion that no purpose would be served by keeping the parties in a state of limbo waiting for the next date fixed before the court below for a decree of divorce by mutual consent.

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In view of the facts as noticed hereinabove, we set aside the order dated 17.09.2024, passed by the learned Principal Judge, Family Court, Lucknow and waive the statutory period prescribed under sub-section (2) of Section 13-B of Act, 1955.

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We allow the appeal as aforesaid. We further direct that Case No.3036 of 2024 shall be posted before the learned court below on 04.11.2024 for consideration of second motion and decision shall be taken in the light of this order on the said date.

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The Registrar of this Court shall communicate this order to the court below forthwith.

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Let a copy of this order be provided to the parties immediately on payment of usual charges.

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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 24.10.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Harshvardhan Rai v. Risha Singh

Case brief

What is this about?

What did the court decide?

Harshvardhan Rai v. Risha Singh

Case brief

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