AARATI D/O MAHESHBHAI YADAV Vs. NA

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the captioned appeal, is taken up for final disposal. For the sake of convenience, parties are referred to as per their status in the Family Suit no.1054 of 2025.

(2.) The challenge in the captioned appeal, is the judgment dtd. 8/8/2025, passed by the learned Judge, Family Court, Ahmedabad in Family Suit no. 1054 of 2025, whereby, the application under Sec. 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955"), is rejected on the ground that prescription of cooling-off period is not an empty formality, but a meaningful opportunity for reconciliation. It is also rejected on the ground of non-filing of the waiver application.

(3.) Ms Pooja D. Baswal, learned advocate, for petitioner no.1 and Mr Kartik Kumar Joshi, learned advocate for petitioner no.2 in Family Suit no. 1054 of 2025, have jointly submitted that the marriage of the parties took place on 9/12/2023 and since 17/1/2024, both, the husband and the wife are staying separately. It is submitted that the petitioner no. 2 has gone for his higher studies in U.K., however, he is proposing to settle there. Similarly, the petitioner no. 1, is settled in Ahmedabad, India and would like to pursue her career here. It is submitted that it is impossible for both the parties to reunite and hence, both the petitioners have jointly agreed for a mutual divorce as per the provision of the Act of 1955.