SUMANA B.R. Vs. NIL

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India questioning the correctness and validity of the order dtd. 6/4/2022 in M.C.No.8/2022 passed by the Additional Senior Civil Judge and JMFC, Magadi whereby the request of the petitioners to waive the cooling period and to accept petition under Sec. 13[B] of Hindu Marriage Act, 1955 [for short the Act] is rejected.

(2.) Heard the learned counsel Sri.Ananda.K.V., for the petitioners.

(3.) Learned counsel for the petitioners submit that the first petitioner filed petition in M.C.No.39/2019 before the Senior Civil Judge and JMFC, Magadi under Sec. 13A of the Act, praying for judgment and decree of dissolving the marriage between the petitioners dtd. 11/5/2007. Subsequently, the said proceedings was withdrawn since the petitioners had already filed M.C.No.8/2022 under Sec. 13B of the Act seeking divorce and to dissolve the marriage between the petitioners. Along with petition under Sec. 13B, the petitioners also filed an application praying to relax/waive the cooling period. The Family Court under impugned order refused to waive the cooling period on the ground that the parties may change their mind and may re-unite during the cooling period. Challenging the said order, petitioners are before this Court.