B.S. Chauhan ORDER
B.S. Chauhan, J.
1. This case reveals a very sorry state of affairs that the parties merely being highly qualified, have claimed even to be higher and above the law, and have a vested right to use, misuse and abuse the process of the Court. Petitioner, the husband, possesses the qualifications of CA, CS and ICWA, while the proforma respondent-wife is a Doctor (M.D., Radio-Diagnosis) by profession. The parties got married on 23rd July, 2008 in Delhi. Their marriage ran into rough weather and relations between them became strained immediately after the marriage and they are living separately since 24.10.2008. Petitioner-husband filed a Matrimonial Case under Section 12 of the Hindu Marriage Act, 1955 (hereinafter called as "the Act") for annulment of marriage before a competent Court at Gurgaon. The respondent-wife, Smt. Rohini Goel filed a petition under Section 12 r/w Section 23 of the Domestic Violence Act, 2005 before the competent Court at Delhi. An FIR was also lodged by her against petitioner-husband and his family members under Sections 498A, 406 and 34 of Indian Penal Code, 1860 at PS Janakpuri, New Delhi.
2. It is stated at the Bar that by persuasion of the family members and friends, the parties entered into a compromise and prepared a Memorandum of Understanding dated 13.11.2009 in the proceedings pending before the Mediation Centre, Delhi by which they agreed on terms and conditions incorporated therein, to settle all their disputes and also for dissolution of their marriage. The parties filed an application under Section 13B(1) of the Act before the Family Court, i.e. ADJ-04 (West) Delhi seeking divorce by mutual consent. The said HMA No. 456 of 2009 came before the Court and it recorded the statement of parties on 16.11.2009. The parties moved another HMA No. 457 of 2009 to waive the statutory period of six months in filing the second petition. However, the Court rejected the said application vide order dated 1.12.2009 observing that the Court was not competent to waive the required statutory period of six months under the Act and such a waiver was permissible only under the directions of this Court as held by this Court in Anil Kumar Jain v. Maya Jain MANU/SC/1593/2009 : (2009) 10 SCC 415. Hence, this petition.
3. The learned Counsel for the petitioner submits that there is no prohibition in law in entertaining the petition under Article 136 of the Constitution against the order of the Family Court and in such an eventuality, there was no occasion for the petitioner to approach the High Court as the relief sought herein cannot be granted by any court other than this Court. Thus, the petitioner has a right to app........