MP HC | To waive off “mandatory 6 months period” for reconsidering the decision of divorce, personal inconvenience as a ground — denied

Madhya Pradesh High Court: The Bench of G.S. Ahluwalia, J., dismissed a revision filed in respect of waiving off of the mandatory 6 months period under Section 151 CPC.

The present application was filed following the stated facts, in which it has been stated that applicant and respondent filed an application under Section 13-B of Hindu Marriage Act for grant of divorce by mutual consent. The case was adjourned for a period of 6 months with the advise to parties to reconsider their decision for obtaining a divorce.

An application under Section 151 CPC was filed after the above order of adjournment was passed for seeking a waiver of a mandatory period of 6 months. The stated application was rejected on the ground that it is not in accordance with the law.

Counsel for the applicant, Awadhesh Pratap Singh Sisodiya submitted that, “Provision of 6 months under Section 13-B of Hindu Marriage Act is merely directory in nature and not mandatory.”

“For waiving the period of 6 months as provided under Section 13-B (2) of Hindu Marriage Act, parties should point out that there is no possibility of cohabitation or there is no possibility of alternative rehabilitation, but the personal inconvenience of parties cannot be a ground.”

The High Court stated that, an application under Section 151 CPC was filed on the singular ground that the respondent is a teacher and applicant a private doctor, therefore, they cannot come to the Court frequently. Further, the Court went on to state that, application for waiver of mandatory 6 months period under Section 13-B(2) of the Hindu Marriage Act is not tenable.” Once parties have approached the Court seeking relief, they have to abide by the procedure provided under the statute.

Therefore, Trial Court did not commit any mistake by rejection the application under Section 151 CPC. [Mayank Shrivastava v. Ritu Shrivastava, CR-256 of 2019, Order dated 09-04-2019]

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