Deependra Singh Rawat vs Pooja Rawat

Vishal Mishra, J

The present petition is being filed challenging the order dated 6.12.2020 passed by the Principal Judge, Family Court, District Gwalior in Case No.919-

A/2020 HMA, whereby the application filed by the petitioner and respondent for waiving of cooling period in the light of judgment passed by the

Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur, reported in AIR 2017 SC 4417, has been rejected.

The contention of the petitioner is that the petitioner and the respondent got married on 10.5.2018 as per Hindu rites at Village Itma, Tahsil Bhitarwar,

District Gwalior and they are residing separately. They have decided to obtain a decree of divorce. They have filed an application u/S. 13B of HMA

for grant of divorce by mutual consent. The petitioner and respondent jointly prayed before the trial Court to allow their application u/S. 13-B of the

Hindu Marriage Act. It has been further stated that the matter was fixed for mediation. However, the same has also resulted in failure. The trial Court

has rejected the application for waiving of the cooling period of six months, which is mandatory.

Learned counsel for the petitioner has requested for foregoing the period as there is no possibility for further settlement between the petitioner and

respondent. It is stated that a fixed date may be given for appearance of the parties before the Family Court and the Family Court may be directed to

conclude the proceedings on the date fixed by this Court, waiving of six months' cooling period.

Heard the learned counsel for the parties and perused the record.

The Hon'ble Supreme Court in the case of Amardeep Singh (Supra) has held as under:-

“Applying the above to the present petition, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to

waive the statutory period under Section 13 B (2), it can do so after considering the following:

i) The statutory period of six months specified in Section 13 B(2), in addition to the statutory period of one year under Section 13B(1) of

separation of parties is already over before the first motion itself;

ii) All efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the

Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

iii) The parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties.

iv) The waiting period will only prolong their agony.â€​

In view of the above judgment passed by the Hon'ble Supreme and taking into consideration the fact that there is a dispute between the parties since

long and now the parties have amicably settled the matter and decided to live separately and there are no chances of any settlement between them,

therefore, the cooling period of six months' as provided under Section 13-B of the HMA is waived of and the matter is directed to be placed before

the Family Court on 27.1.2021 for consideration. Petitioner and respondent are directed to present before the Family Court on 27.1.2021. The Family

Court is directed to consider and finally decide the application under Section 13-B of the HMA expeditiously.

With the aforesaid observation, the petition is disposed off.

No order as to costs.

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