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Judgment
9 paragraphs · 357 wordsVivek Rusia, J
The present petition is filed under article 227 of the Constitution of India challenging the order dated 05.03.2024 (Annexure P/3) passed by the learned Additional Principal Judge, Family Court, Indore, District Indore (MP) in HMA No.180 of 2024, whereby, a joint application filed by the parties to waive off the cooling period for grant of divorce by mutual consent has been rejected.
The petitioner has filed a case under Section 13-B of the Hindu Marriage Act, 1955 for grant of divorce by mutual consent. According to the parties, their marriage was solemnized by Hindu rites and customs on 23.05.2002. They started living separately from 18.06.2022. After separation, the parties have also transacted and exchanged their respective goods before the presentation of this petition. As per contentions made in the petition, the entire differences between the parties have been settled and no further dispute remains between the parties.
Learned counsel for the respondent does not dispute that the aforesaid facts and submits that both the petitioner and the respondent are living separately from 18.06.2022 and there is no possibility of reconciliation between the parties.
Learned counsel for the parties relied on the judgment passed by the Apex Court in the case of Amardeep Singh Vs. Harveen Kuar reported in= (2017) 8 SCC 746 and also relied on the judgment of the Apex Court in the case of Amit Kumar Vs. Suman Beniwal reported in 2021 SCC Online 1270 wherein it is held that as per the judgment of Amardeep Singh (supra) the statutory waiting period of six months could be waive off and the said period is not mandatory but a directory.
Considering the aforesaid submissions and taking into consideration the judgment of the Apex Court, the cooling period is waived off. The petition is allowed.
The impugned order rejecting the application for waiving off the cooling period is set aside.
The parties shall appear before the Family Court on the next date and the Family Court shall make all endeavors to conclude the proceedings expeditiously.
With the aforesaid, the present petition stands allowed and disposed off.