The High Court allowed a revision petition directing the Principal Sub Court, Nagercoil, to number a mutual consent divorce petition and dispose of it within three months, relying on Supreme Court guidelines to waive the waiting period.
Directed the Principal Sub Court, Nagercoil, to number the petition and dispose of it within three months of receiving the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.03.2018
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P(PD)(MD).No.333 of 2018
A.Vaigundamani ... Petitioner/1st Petitioner
Vs.
R.Anandhi ... Respondent / 2nd Petitioner
PRAYER:- Petition filed under Article 227 of the Constitution of India, praying to direct the Principal Sub Court, Nagercoil to take on file the unnumbered H.M.O.P.No.-- of 2017 on the file of Principal Sub Court, Nagercoil and to decide the same on merits, in accordance with law, within the time frame as fixed by this Court.
For Petitioner : Mr.J.Pooventherarajan For Respondent : Mr.R.Ponkarthikeyan *****
ORDER
This Civil Revision Petition has been filed seeking a direction to the Principal Sub Court, Nagercoil, to number the unnumbered H.M.O.P.No.--of 2017 and for early disposal of the same.
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contend that the Court below ought to have seen that by consent of both the parties, they had filed the petition seeking divorce, within the period of one year, because they have to move on into their professional as well as personal life.
'' 18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following:
i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;
ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;
iii) the parties have genuinely settled their https://hcservices.ecourts.gov.in/hcservices/ differences including alimony, custody of child or any other pending issues between the parties;
iv) the waiting period will only prolong their agony.
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19. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver.
20. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.
21. Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.
22. Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice.
23. The parties are now at liberty to move the concerned court for fresh consideration in the light of this order. ''
“..13. In the recent verdict, the Apex Court, has held in the case of Amardeep Singh Versus Harveen Kaur (Civil Appeal No.11158 of 2017), the Supreme Court waived the sixmonth 'waiting period' once compulsory for mutual consent divorce. This was definitely give a solace for mutual divorce couple, because, some times, the matrimonial case consumes minimum two to twelve years.”
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Sd/-
Assistant Registrar (RTI)
/True Copy/
Sub Assistant Registrar
To
GK
TE/KKR/SAR-1 : 23/03/2018 : 4P/4C
C.R.P(MD).No.333 of 2018 12.03.2018
3 issues framed by the court
Whether the Principal Sub Court, Nagercoil, is directed to number the unnumbered mutual consent divorce petition and dispose of it within three months.
Whether the waiting period under Section 13B(2) of the Hindu Marriage Act can be waived considering the parties have not cohabited since marriage.
Whether a civil revision petition can be allowed to expedite mutual divorce proceedings in the interest of justice.
Colour shows how this judgement treated each authority
P. Lydia Jenifar vs. S. RajaduraiRelied on¶11
P.Lydia Jenifar vs. S.Rajadurai in C.M.A.(MD)No.395 of 2017 (Decided on 20.09.2017)
Amardeep Singh Vs. Harveen KaurApplied¶8
(2017) 8 SCC 746, Amardeep Singh Vs. Harveen Kaur · Who else cites this
6 provisions across 3 enactments
A. Vaigundamani
R. Anandhi
J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
J. Nisha Banu
Parties & counsel
