NEHA SINGH Vs. SAJAN RAGHVAN

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioner submits that the petitioner and respondent both have jointly filed application under Section 13-B of Hindu Marriage Act, 1955, praying for decree of divorce on the basis of consent between them. Separate application was filed by the petitioner before the learned Principal Judge, Family Court, Bilaspur, C.G. praying for early disposal of the case and praying for grant of exemption of the waiting period of six months as it is required under Section 13-B of Hindu Marriage Act, 1955. It is further submitted that the learned trial Court rejected the application which is erroneous and against the principle laid down by the Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Singh, 2017 8 SCC 746, in which it is specifically held that the provisions of cooling-off period of six months as provided under Section 13-B of Hindu Marriage Act is not mandatory but it is directory in nature. Referring to this Judgment, the Coordinate Bench of this Court has decided the petition in W.P.(227) No.353 of 2018 on 09.05.2018 has passed order and allowed the petition of the parties by giving waiver of the cooling off period of six months under the provision. Therefore, it is prayed that petitioner be granted such relief.

(3.) In the matter of Amardeep Singh (Supra), the Hon'ble Supreme Court has held in paragraph 18 and 19:-