SUJAL JAYANTIBHAI MAYATRA Vs. NA

JUDGEMENT

(1.) The Petitioners have preferred this Petition under Articles 14, 226 and 227 of the Constitution of India challenging the order passed below Application (Exh.10) in HMP No. 2757 of 2021 dtd. 4/1/2022, whereby the learned Principal Judge, Family Court, Ahmedabad has dismissed the Exh.10 Application, which is filed for the prayer to waive the cooling period of 6 months as there are no chances of reunion between the parties.

(2.) Heard learned Advocate for the Petitioners.

(3.) Learned Advocate for the Petitioners has submitted that the marriage between the Petitioners was solemnized on 8/12/2020 as per Hindu rites and customs at Ahmedabad but due to differences arisen between the Petitioners, the Petitioners are living separately since December 2020 and all efforts for reconciliation were in vain. They have therefore, with mutual consent, filed Hindu Marriage Petition No. 2757 of 2021 before the Family Court at Ahmedabad. Both the Petitioners have entered into a Memorandum of Understanding ('MoU') on 18/10/2021 for mutual divorce and that as per the said MoU, the Petitioners have agreed to withdraw all the criminal cases filed against each other. The learned Family Judge has sent the Petitioners for mediation, however the same failed and the report dtd. 31/12/2021 to that effect was placed before the learned Family Court Judge, Ahmedabad. Learned Advocate for the Petitioners has submitted the Application Exh.10 filed by the Petitioners for waiving of cooling period of six months came to be rejected by the learned Family Judge and therefore the present Petitioners are before this Hon'ble Court challenging the same.