C.R No. 1932 of 2010 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R No. 1932 of 2010 (O&M) Date of decision : April 06, 2010 Paramjit Singh, ...... Petitioner (s) v. Satwinder Kaur, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rajinder Goyal, Advocate for the petitioner. Mr.Rajiv Dhawan, Advocate for the respondent. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This is a petition against the order dated 8.3.2010 (Annexure P- 3) whereby the application, filed by the parties, for waiving off the period of six months prescribed under Section 13B of the Hindu Marriage Act, 1955 has been declined. Counsel for the parties rely upon a judgment of this Court reported as Niti Arora v. Rohit Vij, 2009(2) RCR (C) 457 to aver that in an appropriate case, period of six months prescribed under Section 13B of the Hindu Marriage Act, 1955 can be waived off by this Court. In Niti Arora's C.R No. 1932 of 2010 (O&M) ::2:: case (supra), it was held as follows :- “ 12. In view of the law laid down by this Court in the case of Dr. Arun Gupta v. Dr. (Mrs) Rita Gupta (supra) it has to be held that law is settled that the statutory period prescribed for divorce by mutual consent is six months and the parties are bound for wait for that period. But at the same time, on the facts and circumstances of a particular case, the court is competent to waive off the statutory period in the interest of justice and keeping in view the special circumstances of each case. The court, thus, has to take a decision on merit keeping in view facts of each case. 13. In the present case it may be noticed that both the parties are adamant and there is no chance of reconciliation and by way of compromise they have settled their difference/disputes. The parties are litigating for divorce since 13.6.2007.” In these circumstances, this petition is allowed and the impugned order is set aside. The trial Court is directed to waive off the period of six months. Parties are directed to appear before the trial Court on 20.4.2010 on which date the second statement of the parties would be recorded and consequential orders passed. No costs. ( AJAY TEWARI ) April 06, 2010. JUDGE `kk' C.R No. 1932 of 2010 (O&M) ::3::