Babita v. Rajneesh Kumar Jayant
Case brief
What is this about?
This order directs the Family Court to expedite hearing and take the second motion for divorce by mutual consent under Section 13B within two weeks.
What did the court decide?
Directs Family Court to expedite second motion within two weeks and accept undertaking from parties.
What the court decided
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CM(M) 1298/2017
B ..... Petitioner Through: Mr. Pratyush Chirantan, Adv. versus R ..... Respondent Through: Mr. Umesh Gupta & Mr. D.D. Gupta, Advs. alongwith the respondent in person.
CORAM: HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R % 05.02.2018
- Both the parties are present in Court along with their counsels and they agree to file a fresh joint petition for dissolution of marriage by mutual consent under Section 13B of Hindu Marriage Act within one week from today along with an application for waiving of the statutory period for filing the second motion in view of the latest Supreme Court Judgment in Amardeep Singh v. Harveen Kaur , 2017 SCC OnLine SC 1073 empowering the Family Court to waive the statutory period. The Family Court shall expedite the hearing and endeavour to take up the second motion within a period of two weeks from the date of first motion. The respondent shall pay the agreed settlement amount of Rs.3,25,000/- to the petitioner at the time of the statement of the parties under second motion.
- Both the parties are present in Court undertake to abide by the statements made before this Court. The undertaking of the parties is accepted.
Issues for consideration
1 issue framed by the court
Whether parties can agree to file a fresh joint petition for divorce by mutual consent with waiver of the statutory cooling period.
Parties & counsel
- petitioner
B
- respondent
R
Coram
J.R. Midha
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court