GAURAV AGRAWAL Vs. SNEHA AGRAWAL

JUDGEMENT

(1.) Heard. 1. By this petition under Article 227 of the Constitution of India, the petitioner seeks indulgence of this Court to interfere with the impugned order dated 4.1.2021 passed by the Family Court, Bilaspur in Civil Suit No.177A of 2020.

(2.) The petitioner and the respondent have filed an application under Section 13B of the Hindu Marriage Act, 1955 praying for divorce on mutual consent. This application was filed on 18.9.2020. Although the same was entertained by the Court, which was not registered, therefore, W.P.(227) No. 456 of 2020 was filed by the petitioner and the respondent jointly before this Court, which was disposed of on 5.11.2020 directing the Family Court to register the application. Subsequent to this order, the petition has been registered. An application was filed making a prayer to waive the mandatory period of six months as provided under Section 13B of the Hindu Marriage Act, 1955 (for short 'the Act, 1955), which has been dismissed by the impugned order.

(3.) It is submitted by counsel for the petitioner that the judgment of the Supreme Court in the case of Amardeep Singh vs. Harveen Kaur , 2017 8 SCC 746 was cited before the Family Court but the ratio laid down in that judgment was not followed and the order of rejection has been erroneously passed. It is further submitted that the Coordinate Bench of this Court, in the order dated 23.4.2018 passed in W.P.(227) No.353 of 2018, referring to the judgment of Amardeep Singh (supra) has passed the order to waive the cooling-off period of six months under Section 13B of the Hindu Marriage Act, 1955. Hence, it is submitted that the application for waiving off the cooling-off period deserves to be allowed and therefore, this petition may be allowed by quashing the impugned order and relief be granted to the petitioner.