Jaskiran Arora v. Jasreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 31.01.2025 JASKIRAN ARORA .... Petitioner

VERSUS

JASREET SINGH .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Lovish Rattan, Advocate for the petitioner. Mr. Surinder Sharma, Advocate for the respondent. ALKA SARIN, J. (ORAL) 1.

Mr. Surinder Sharma, Advocate has appeared and has filed his vakalatnama on behalf of the respondent which is taken on record. 2.

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 24.12.2024 passed by the learned Principal Judge, Family Court, Amritsar whereby the application filed for waiver of the statutory period of six months for recording statements of the parties on second motion though was allowed, however, for recording of the statements of the parties on second motion, the matter was adjourned to 07.04.2025.

3.

Learned counsel for the parties would contend that the marriage between the parties was solemnized on 19.12.2021 and they are living separately since September 2022. It has further been stated that all the possibilities of compromise have been explored, however, there is no chance

-2of the parties living together. It is further the contention that all the disputes between the parties stand settled including alimony. A joint petition was filed under Section 13-B of the Hindu Marriage Act, 1955 for grant of divorce by mutual consent and the first motion statements of both the parties were recorded on 25.10.2024 and the case was adjourned to 06.05.2025 for recording of the second motion statements. It is contended that since the parties are residing separately since September 2022 and there are no chances of any reconciliation, an application for waiver of the six months period for recording of the second motion statements was moved. However, vide the impugned order dated 24.12.2024 the said application though was allowed, however, for recording of the statements of the parties on second motion, the matter was adjourned to 07.04.2025. 4.

Learned counsel appearing on behalf of both the parties would contend that the parties have been living separately since September 2022 and they have not cohabitated since then. Learned counsel would further contend that both the parties have decided to end their marriage by way of mutual divorce and there is no chance of any reconciliation between them. The parties to the lis now want to move on with their lives and as such have prayed for waiver of the six months period. Learned counsel have submitted that the compromise arrived at between the parties has already been given effect to and the terms and conditions laid down therein already stand complied with.

5.

Heard.

-36.

In view of the law laid down by the Apex Court in case of Amardeep Singh vs. Harveen Kaur [2017 (4) RCR (Civil) 608] and in view of the fact that the parties have been living separately since September, 2022 and there is no chance of reconciliation and likelihood of the parties living together, this Court deem it appropriate to waive off the statutory period of six months for recording of the second motion statements inasmuch as the waiting period of six months would only prolong the agony of the parties.

7.

Resultantly, the impugned order dated 24.12.2024 stands modified, and the parties are directed to appear before the Family Court concerned on 10.02.2025 at 10.00 am for recording their statements on second motion and for proceeding with the matter further in accordance with law.

8.

Revision petition stands allowed in the above terms. Pending applications, if any, also stand disposed off. 31.01.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No