1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1444 OF 2008 Mrs.Rani Kumar .. Petitioner Versus Rathnam Kumar .. Respondent Mr.Udaya Sankar Samudrala for petitioner Ms.J.P.Kar i/b. R.R.Pandey for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 25th March 2008 P.C. . Petitioner wife and the respondent husband have filed joint petition seeking dissolution of their marriage by a decree of divorce by mutual consent. In that petition, a 2 miscellaneous application was filed for waiver of six months period. 2. It was contended in that application that the joint declaration of mutual divorce was executed and notarised on 15th January 1985. The marriage was solemnised on 6th December 1978. Petitioner is 51 years of age and respondent husband is 56 years old. They are residing separately for the last 22 years. In such circumstances the period contemplated by section 13(B)(2) be dispensed with. 3. Learned Judge has passed an order that the period is mandatory and therefore, cannot exercise any discretion. 4. In the peculiar facts of this case and without going into any larger question so also considering that the marriage is as good as dissolved in 1985, it would be appropriate to 3 dispense with the period of six months. More so, when parties are residing separately from 1985. In such circumstances, the period is dispensed with. The trial court to pass final orders in the matrimonial petition under section 13B as expeditiously as possible and before 30th April 2008. (S.C.Dharmadhikari, J)