Civil Revision No.3822 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3822 of 2009 (O&M) Date of Decision 14.07.2009 Malkiat Singh ......Petitioner VERSUS Gurmeet Kaur ......Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Parminder Singh, Advocate, for the petitioner. Ms.Mamta Singla Talwar, Addl.A.G., Haryana, for the respondents. ***** A.N.JINDAL, J(ORAL): This revision petition, filed by Malkiat Singh, husband is against the order dated 21.04.2009, passed by Addl. District Judge, Karnal, whereby divorce petition, filed by the petitioner, was dismissed as it has been filed prior to the passing of statutory period of one year. The petitioner was married to respondent on 23.11.2008. Due to the differences, the matrimonial ties could not be sustained, therefore, the parties mutually decided to break up the marriage forever. Both the parties had settled the dispute after exchanging the articles of dowry with each other and the petitioner also gave permanent alimony to the respondent with an intention to break the matrimonial ties forever and never to resume the same. Thus, looking to the facts, particularly that their marriage has been irritably broken due to incompatibility between them. As such, there are exceptional circumstances, which are sufficient for waiving of the statutory period of one year. Reliance has been placed over the case Rabindra Nath Mukherjee vs. I.T.I.Mukherjee @ Chatterjee, 1992 (1) HLR Calcutta Civil Revision No.3822 of 2009 (O&M) 2 445 and Vinod Arora vs. Smt. Manju Arora, AIR 1982 Delhi 592 wherein it was observed that in exceptional circumstances, the statutory period of one year could be waived. A reference to the decision rendered by this Court in Civil Revision No.1224 of 2007 titled as Shipra Aggarwal vs. Tarun Gupta, decided on March 21, 2007 2007 (3) RCR (Civil) 785 has also been made. In view of the above reasons, this petition is allowed. Statutory period of one year is hereby waived of for the reasons that no useful purpose would be served if the parties are allowed to wait for another few months as they have already parted ways and never to resume the amicable settlement and also the matrimonial ties. Resultantly, this petition is accepted. The impugned order dated 21.04.2009 is set aside. The parties through their counsel are directed to appear before the learned District Judge, Karnal on 17.08.2009. (A.N.Jindal) Judge 10.07.2009 mamta-II