ADDL. DISTT. JUDGE : Judgement 6 months waiver in divorce

IN THE COURT OF SH. TEJ SINGH KASHYAP : ADDL. DISTT. JUDGE :
DELHI.
HMA NO. 242/2004
Sh. Rakesh Kumar
S/o Sh. Chiranji Lal,
R/o F-22/96, Sector-3,
Rohini, Delhi-110085.
........Petitioner No. 1
Vs.
Smt. Ranju
W/o Sh. Rakesh Kumar
D/o Sh. Krishan Lal
R/o E-10, Tagore Garden Extension,
New Delhi.
.......Petitioner No.2
PETITION UNDER SECTION 13 B (II) OF HINDU MARRIAGE ACT, READ
WITH MARRIAGE LAWS (AMENDMENT) FOR GRANT OF A DECREE OF
DIVORCE BY MUTUAL CONSENT.
JUDGMENT:
1 By this judgment, I shall dispose off the petition under Section 13
B (2) of the Hindu Marriage Act filed jointly by both the petitioners seeking
dissolution of their marriage by a decree of divorce by mutual consent.
2 Both the petitioners got married on 15.5.2002 at Delhi according to
Hindu rites and ceremonies; that no child was born from the said wedlock;
that on account of temperamental differences, they are living separate since
15.8.2002 and despite best possible efforts made by their near & dear ones
have not been able to reconcile their differences and have not resumed
cohabitation since then; that they have amicably sorted out their all
disputes and have now decided to obtain divorce by mutual consent; that
the first motion for divorce under Section 13 B (1) of HMA was taken on record
on 9.2.2004.
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3 An application under Section 151 CPC, jointly moved by both the
petitioners for waiver of statutory period of six months, was also allowed and
the joint statement of both the petitioners in support of Section 13 B (2) of
HMA has been recorded on oath. As per their statement, there is no
collusion between them in filing the present petitions and their mutual consent
for divorce has not been obtained by force, fraud or undue influence. Both the
petitioners have settled their all matrimonial disputes and maintenance, in
pursuance of terms & settlement as mentioned in their joint statement
recorded on 20.3.2004 before this court on oath and instant petition for
divorce by mutual consent, they shall remain bound by their respective
statement/undertakings as well as by terms and conditions as mentioned in
their joint statement & present petition for divorce by mutual consent.
4 I am satisfied from the affidavits and joint statement of both the
petitioners that they were married on 15.5.2002 at Delhi and they are living
separate since 15.8.2002 and there is no possibility of reconciliation between
them and that both of them have mutually agreed to obtain divorce by mutual
consent. I am also satisfied that the averments made by the parties in the
petition as well as in their supporting affidavits are true & correct and the
parties are not trying to take benefit of their own wrongs in any manner. From
their joint statement, I am satisfied that there is no collusion between them in
filing the present petition and their mutual consent for divorce has been
obtained voluntarily, of their own free will and that they have settled their
all disputes against each other.
5 In view of the above, the petition under Section 13 (2) of SMA
is maintainable in all respects. Since the marriage between the
petitioners has broken down irretrievably and there is no possibility of
reconciliation between them, I allow the petition u/s 28 (2) of S.M. Act I,
hereby, dissolve the marriage between the petitioners by a decree
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of divorce by mutual consent.
6 Undertakings given by both the petitioners are accepted by
the court and they shall remain bound by their respective undertaking.
Decree sheet be prepared in terms of order. No order as to costs. File be
consigned to the Record Room.
ANNOUNCED IN THE OPEN COURT TODAY
DATED: (TEJ SINGH KASHYAP)
5.4.2004 ADDITIONAL DISTRICT JUDGE
DELHI.