Papender Kumar Shukla v. Smt. Rubi Sharma

Petitioner :- Papender Kumar Shukla Respondent :- Smt. Rubi Sharma Counsel for Petitioner :- Rajesh Sharma Hon'ble Vivek Chaudhary,J. Heard learned counsel for the petitioner. By means of this petition, petitioner has prayed for a direction upon the court below i.e. Principal Judge, Family Court, Aligarh to decide the Marriage Petition No. 737 of 2022 (Rubi Sharma Vs. Papendra Kumar Shukla), pending before him, within stipulated period. The petitioner and respondent have filed a petition before the Principal Judge, Family Court, Aligarh for grant of a decree of divorce by mutual consent under Section 13-B (1) of Hindu Marriage Act, 1955. The petitioner has now approached this Court raising a grievance that the marriage could be dissolved after waiving the statutory period of six months as laid down by the Supreme Court in Amardeep Singh Versus Harveen Kaur, 2017(8) SCC 746. It is urged that the trial Court, without considering the factors laid down by the Supreme Court for waiving the statutory period has postponed the consideration of the application on merits in a routine course.

The Supreme Court in the said decision has laid down that period of six months provided under Section 13-B is directory in nature and could be waived, after considering the following factors : - "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 differences including alimony, custody of child or any other pending issues between the parties; iv) the waiting period will only prolong their agony. " Learned counsel for the petitioner further submits that the case was filed before the court of Principal Judge, Family Court, Aligarh which is now lying vacant and Additional District Judge having administrative power.