Arindam Sinha, J
1. Parties in this writ petition are petitioner husband and opposite party wife. Both are represented. Impugned is order dated 16th November, 2021, by which their joint
waiver application made more than one week after first motion for grant of divorce by mutual consent, was rejected. They rely on judgment of the Supreme Court in
Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746, paragraphs 18 and 19. They submit with reference to their waiver application, all clauses in
paragraph-18 of the judgment, stand satisfied in their case. The declaration of law was that on satisfaction that a case is made out to waive statutory period under
section 13B(2), Hindu Marriage Act, 1955, Court can waive. They submit that impugned order be set aside and there be direction for waiver of the period.
2. It appears parties applied for divorce by mutual consent on 12th August, 2021. Sometime letter, on 9th November, 2021 they applied for waiver of the statutory
period. By impugned order dated 16th November, 2021, the application was rejected. On query from Court parties submit, ground has been taken that Amardeep
Singh (supra) was brought to notice of the Family Court. This, however, does not appear from impugned order.
3. Impugned order is set aside and the waiver application restored to the Family Court. Said Court will forthwith deal with the application in context of the declaration
of law made by the Supreme Court in Amardeep Singh (supra). The application may be dealt with on next date fixed. Parties inform that next date fixed is 5th January,
2022.
4. The writ petition is disposed of.
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