K. SAUMYA SHANMUGATHAI Vs. NIL

JUDGEMENT

(1.) This Civil Revision Petition is filed for an early disposal of H.M.O.P.No.1368 of 2022, pending on the file of the Family Court, Madurai, which is filed by mutual consent.

(2.) The petitioners herein are husband and wife. Their marriage was solemnized on 5/11/2017, as per Hindu customs and rituals. Out of the wedlock, they have blessed with a female baby on 28/7/2018. Thereafter, their relationship got strained and they decided to separate mutually. Though the elders and family members of the petitioners had taken several efforts for re-union, it ended in vain. Now, both have agreed for divorce by mutual consent. Therefore, the petitioners filed a petition for dissolution of marriage by mutual consent, under Sec. 13(b) of Hindu Marriage Act, 1955 in H.M.O.P.No.1368 of 2022, before the Family Court, Madurai in the month of November 2022. The grievance of the petitioner is that the learned Judge of the Family Court, Madurai posted the case on 9/6/2023. Hence, a suitable direction may be issued to the learned Judge to dispose of H.M.O.P.No.1368 of 2022 immediately as it is filed by mutual consent.

(3.) The learned Counsel for the petitioner further by referring the decision of the Hon'ble Supreme Court in Amardeep Singh Vs Harveen Kaur reported in 2017 (4) RCR (Civil) 608 and Amit Kumar Vs Suman Beniwal [C.A.No.7650 of 2021] submits that statutory cooling off period has to be waived in cases of mutual consent divorce. Since the petitioners have been living separately for the past four years, the statutory cooling off period shall be waived, as per the guidelines of the Hon'ble Supreme Court.