Allowed

Devendra Choudhary v. Manisha Choudhary

Rajasthan HC11 Apr 2022CMA/494/2022

Case brief

AI extract

What is this about?

The High Court allowed an appeal by the husband, setting aside the Family Court's order that rejected an application to waive the six-month statutory waiting period for divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

What did the court decide?

Impugned order dated 23.03.2022 set aside; statutory period of six months under Section 13-B(2) of the Hindu Marriage Act waived.

Devendra Choudhary Vs Manisha Choudhary — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Misc. Appeal No. 494/2022

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Devendra Choudhary S/o Late Shri Shivratan Choudhary, Aged About 34 Years, R/o Plot No 6, Behind Udai Bhawan, Vijaynagar, Bhagat Ki Kothi, Jodhpur.

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----Appellant

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Versus

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Manisha Choudhary D/o Shri Meva Ram Choudhary, Aged About 32 Years, R/o Ward No 19, Gali No. 4, Nehru Nagar, Behind Police Station Grpf, Barmer.

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----Respondent

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For Appellant(s) : Mr. S.K. Punia For Respondent(s) : Mr. K.C. Choudhary

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/04/2022

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The instant Civil Miscellaneous Appeal has been preferred by the appellant husband being aggrieved of the order dated 23.03.2022 passed by the learned Judge, Family Court No.1, Jodhpur in Civil Original Suit No.892/2021. The facts of the case are that the marriage of the appellant-husband and the respondent-wife was consummated on 18.04.2018 at Barmer as per Hindu rites and customs. Relations between the spouses became sour and they filed a joint application under Section 13-B of the Hindu Marriage Act before the Family Court for annulment of marriage. It was mentioned in the application that both the parties to the wedlock are living separately since 27.04.2018. During the pendency of the said application, the appellant and the

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(2 of 2)

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[CMA-494/2022]

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respondent submitted an application for exemption of time period of six months, but the said application has been rejected by the trial court by the impugned order.

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The limited prayer asked in the present appeal is for waiver of the statutory time period of six months provided under Section 13-B(2) in light of the Supreme Court judgment in the case of Amit Kumar Vs. Suman Beniwal reported in 2022 1 Supreme 723.

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The parties represented by their respective counsel are present in the Court and pleaded that the statutory time period of six months provided under Section 13-B(2) of the Hindu Marriage Act for grant of decree of divorce by mutual consent may be waived.

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In view of the submissions noted above and considering the mandate of above Supreme Court judgment, we deem it fit to set aside the impugned order dated 23.03.2022 and waive the statutory period of six months as provided under Section 13-B(2) of the Hindu Marriage Act. The parties shall appear before the Family Court with copy of this order whereupon, the learned Family Court shall proceed to decide the application under Section 13-B of the Hindu Marriage Act as per law.

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The appeal is allowed in these terms.

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(FARJAND ALI),J

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(SANDEEP MEHTA),J

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41-Sudhir Asopa/-

Devendra Choudhary v. Manisha Choudhary

Case brief

What is this about?

What did the court decide?

Devendra Choudhary v. Manisha Choudhary

Case brief

What is this about?

What did the court decide?

What the court decided

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