SMT JASSI GUPTA v. HIMANSHU GUPTA
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-05. SMT JASSI GUPTA v. HIMANSHU GUPTA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 5 OF FEBRUARY, 2024 MISC. PETITION No. 544 of 2024 BETWEEN:- SMT JASSI GUPTA W/O SHRI HIMANSHU GUPTA D/O SHRI MUKESH KUMAR GUPTA, AGED ABOUT 32 YEARS, OCCUPATION: HOUSEWIFE HOUSE NO 42, 7 NO CHAURAHA KALPANA NAGAR MORAR GWALIOR (MADHYA PRADESH) ..... PETITIONER (BY SHRI PALLAV TRIPATHI AND SHRI NIRMAL SHARMA -ADVOCATE) AND HIMANSHU GUPTA S/O SHRI UMESH KUMAR GUPTA, AGED ABOUT 33 YEARS, OCCUPATION: BUSINESS 613/01 PUKHTA BAZAR SARDAR GANJ JAHANGIRABAD TEHSIL ANUP SHAHAR DIST RICT BULANDSHAHAR U. P (UTTAR PRADESH) .....
RESPONDENT (BY SHRI SAIYAD MOHAMMAD ALI - ADVOCATE) This petition coming on for admission this day, th e court passed the following: ORDER T h e present petition is preferred at the instance of petitioner, who alongwith her spouse respondent namely Himanshu Gupta filed an application under Section 13-B of Hindu Marriage Act, 1955 (hereinafter referred as to 'the Act') before the Principal Judge, Family Court, Gwalior bearing case No. 1606A/2023 HMA which was dismissed by the Family Court vide impugned order dated 04. 01. 2024. 2 . Precisely stated facts of the case are that marriage of petitioner with Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM the respondent was solemnized on 21. 01. 2014 as per Hindu Ritual and Rites. After marriage, domestic incompatibility prevailed between the parties which led to filing of application under Section 13(B) of the Act seeking divorce by mutual consent. 3.
Sole grievance of the petitioner and respondent is that the Court below without considering the material aspect and the request made by the parties, placed the matter on 17. 06. 2024 vide order dated 04. 01. 2024 by giving cooling period of 6 months. The impugned order is contrary to the mandate of the Apex Court in the case of Amardeep Singh Vs. Harveer Kaur reported in 2017 (8) SCC 746 wherein the Apex Court held that the period of six months as stipulated in Section 13-B of the Act be waived of if there is no possibilities o f settlement and parties cannot be forced to suffer mental agony by way of waiting for further six months. 4. Learned counsel for the respondent is in unison at least in respect of provision stipulated under Section 13-B of the Act that waiting period between two motions be waived of as each of them want to get rid of relationship at the earliest. Thus, prayer for setting aside of impugned order passed by the Family Court has been made jointly by the parties.
5 . Heard learned counsel for the parties and perused the documents appended thereto. 6.
The Apex Court in the case of Amardeep Singh (Supra) has held as under:- “Applying the above to the present petition, 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 13 B (2), it can do so after considering the following: Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM i) The statutory period of six months specified in Section 13 B(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 differences including alimony, custody of child or any other pending issues between the parties.
iv) The waiting period will only prolong their agony. " 7. Since the parties have already decided to live separately, there are no chances of settlement between them and rest of the issues have already been settled by them, therefore, keeping the matter pending in order to give some cooling period is nothing but a futile exercise. 8 . Considering the fact situation as well as the mandate of the Apex Court, the order impugned passed by the Family Court, Gwalior is hereby set aside. Matter is remanded back to the trial Court for taking fresh call over the facts situation of the case and thereafter pass the order in respect of the prayer made by the parties jointly for waiving of the period of six months for getting divorce. Parties are directed to appear before the Court below on dated 19. 02. 2024 wherein the Court below shall consider the application preferred jointly by the parties afresh in terms of the mandate of the Apex Court in the case of Amardeep Singh (Supra) expeditiously.
9. The petition stands disposed of with the aforesaid directions. (ANAND PATHAK) Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM JUDGE Ashish* Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM
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