SUTHAR PRATIMABEN Vs. NA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioners seek to challenge the order dtd. 5/5/2023, passed below Exh.7 by the learned Principal Judge, Family Court, Anand, whereby the prayer for waiving the cooling of period of six months, in granting divorce by mutual consent under Sec. 13B of the Hindu Marriage Act, 1955 was rejected.

(2.) Heard learned advocates Mr.V.K. Anandjiwala and Mr.Yash Dave appearing for and on behalf of the petitioners herein.

(3.) The family suit is filed by the petitioners under Sec. 13B of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent. During the proceedings, the parties moved an application Exh.7 to waive the cooling of period of six months. The learned Family Court, vide order dtd. 5/5/2023, after considering the case of Amardeep Singh Vs. Harveen Kaur (2017 (8) SCC 746), recorded the findings that the guidelines given by the Apex Court have not been complied in the case and therefore, it is not a fit case to waive cooling of period of six months.