Dr. Sourav Kumar Pradhan v. Smt. Sandhya Pradhan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 559 of 2021 • Dr. Sourav Kumar Pradhan, S/o- Shishir Kumar Pradhan, Aged about 31 years, R/o- Ward No. 04, Talipada, Infront of Samleshwari Mandir, Bargarh, Tahsil & District- Bargah (Odisha).

---- Petitioner

Versus

• Smt. Sandhya Pradha, D/o- Akamber Nath Pradhan, W/o- Dr. Sourav Pradhan, Aged about 31 years, R/o- Shitala Mandir, Tatugali, Nayaganj, Purana Badpara, Raigarh, Tahsil & District- Raigarh (C.G.).

---- Respondent For Petitioner :

Mr. Aman Sharma, Advocate.

For Respondent :

None.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08/10/2021 1.

Heard.

2.

This petition has been brought being aggrieved by the order dated 04.09.2021 by which the learned Family Court has dismissed the application filed by the parties for waiting the cooling period of six months as provided under Section 13-B(2) of the Hindu Marriage Act, 1955.

3.

Considered on the submission, as per the the submissions the marriage of the parties was performed on 11.11.2017, the parties are living separate from 14.08.2020. Therefore, till today so far the statutory period of one year of living separate has been completed but the further six months which is required under Section 13-B(2) of the Act, 1955 and as per directions given by the Hon'ble Supreme

Court in the case of Amardeep Singh Vs. Harveen Kaur (2017) 8 SCC 746 is not complete till date, therefore, I do not find error in the impugned order. The petition is disposed off, however, the parties are at liberty to file repeat application after completion of six months of the statutory period as provided under Section 13-B(2) of the Hindu Marriage Act, 1955 and in such a case, the learned Family Court is also directed to decide such application within 15 days from the date it is filed.

Sd/- (Rajendra Chandra Singh Samant) Judge Vasant