Civil Revision No. 5415 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 5415 of 2009 (O&M) Date of decision: 5.10.2009 Gurwinder Kaur ......petitioner Versus Harmaljit Singh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. N.S.Dhandiwal, Advocate. for the petitioner. Mr.R.S.Dhaliwal, Advocate, for the respondent. **** SABINA, J. Vide this revision petition, filed under Article 227 of the Constitution of India, the petitioner has prayed for waiving off the statutory period of six months required for issuance of a divorce decree by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). Gurwinder Kaur and Harmaljit Singh filed a petition under Section 13-B of the Act. Statements of the parties were recorded by Civil Revision No. 5415 of 2009 (O&M) 2 Additional District Judge, Moga on 7.8.2009 and thereafter, the case was adjourned to 13.2.2010 for further proceedings. The case of the parties was that they had got married on 23.6.2008 as per Sikh rites. Due to difference in their temperament, parties could not live together happily after their marriage and started residing separately since 1.7.2008. There were no chances of re-conciliation between the parties. The statements of the parties as recorded by the learned Additional District Judge on 7.8.2009 in a petition filed under Section 13-B of the Act read as under:- Statement of Harmaljit Singh: I was married with petitioner No.2 Gurwinder Kaur on 23.6.2008 at Lopon, Tehsil Nihal Singh Wala, District Moga according to Hindu rites by way of Anand Karaj Ceremony. We lived together as husband and wife since 1.7.2008. No child was born out of our wedlock. We started residing separate from each other since then due to different temperaments and misunderstandings. Thus, we decided to drop our marriage by obtaining decree of divorce with mutual consent. I have settled all the claims of my wife regarding her right of dowry articles and permanent alimony. Now nothing is due against me. I have made this statement without any undue influence or pressure. Our marriage be dissolved by passing decree of divorce with mutual consent. Our joint Civil Revision No. 5415 of 2009 (O&M) 3 photograph is Ex.P-1 which is pasted on the petition. Statement of Gurwinder Kaur: I have heard the statement of my husband Sukhmander Singh which he has made today in Court in my presence. I admit it word by word. I have settled all of my claims of dowry articles and permanent alimony. Now nothing is due towards my husband. Our marriage may be dissolved by passing decree of divorce with mutual consent. I made this statement without any undue influence or pressure. I admit photograph Ex.P-1.” Learned counsel for the petitioner has submitted that the re-marriage of the petitioner is likely to materialize and some arrangements were already on the way but due to the pendency of the divorce petition, the marriage of the petitioner could not be solemnized. Learned counsel has further submitted that in view of the peculiar circumstances of this case, the period of six months be curtailed. In support of his arguments, he has placed reliance on the decision of this Court in Payal Gupta v. Kunal Gupta Vol.CXLIII (2006-2) PLR 428. Learned counsel for the respondent has not opposed this petition. After hearing learned counsel for the parties and perusing the statements of the parties, I am of the considered opinion that the period of six months deserves to be curtailed as the parties are Civil Revision No. 5415 of 2009 (O&M) 4 residing separately after few days of their marriage. The petitioner is a young girl and is likely to get re- married. In case the divorce petition filed by the parties is allowed the marriage of the petitioner can be solemnized soon thereafter. Keeping in view the facts and circumstances of the present case, it would be just and expedient to allow the instant petition. Accordingly, this petition is allowed. Divorce petition No.83 of 7.8.2009 filed by the parties pending before learned Additional District Judge, Moga shall be deemed to have been disposed of. Consequently, the period of six months is curtailed and decree of divorce is passed in favour of the parties under Section 13- B of the Act. Registry is directed to draw a decree of divorce. A copy of this order be sent to learned Additional District Judge, Moga and be also given to the parties dasti on payment of usual charges. (SABINA) JUDGE October 05, 2009 anita