In exceptional circumstances court can waive six month period in Divorce by mutual consent
The statutory period of six months provided under Section 13B(2) has been provided with a specific intent that the possibility of last minute reconciliation can be worked out in such matters. In dispensation of justice, the Courts are expected to do the justice between the parties by overcoming the technical difficulties, coming in the way of imparting justice. The waiver of statutory period of six months though not specifically provided but same can be read in provisions as the main object of provision is to liberalize divorce. The provision cannot be read in rigidity so as to make the provision ineffective and meaningless. The period of six months is nothing but period provided with a view to enable parties to reconsider their decision and instead of dissolving their marriage resolve their differences. It was never the intention of the Legislature that such period is to be observed irrespective of the facts of the case wherein the marriage has been irretrievably broken and there are no chances of reconciliation between the parties or it would be futile exercise to wait for six months.
10. While legislating the law, it is not possible for Legislature to foresee all possible circumstances, which may arise in future. In order to overcome such situation in Code of Criminal Procedure as well as Code of Civil Procedure, the inherent powers have been conferred upon the Court of law by making specific provision to that effect in both the enactments. Section 151 of Civil Procedure Code provides inherent powers in Court to overcome the situation which was not visualized by the Legislature. Section 151 provides inherent powers in Courts to make such orders as may be necessary to meet the ends of justice or to prevent abuse of process of law. Thus in any peculiar or extraordinary situation where the procedural law are inadequate to address such problem, the recourse of inherent powers under Section 151 of the Civil Procedure Code can always be resorted by Courts of law.
Citation; I(2014)DMC20 Bombay; 2014(2)ABR 329 Bom
IN THE HIGH COURT OF BOMBAY
Decided On: 23.12.2013
Appellants: In Re: Mittal Ramesh Panchal and Manoj Dayalal Panchal
Hon'ble Judges/Coram:V.K. Tahilramani and V.L. Achliya , JJ.
