SNEHA AKSHAY GARG Vs. NIL

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. By consent of the 2.9369.24 wp.docx parties, taken up for final disposal.

(2.) This petition takes exception to the order passed by the Family Court, Pune, on 4/6/2024, rejecting the petitioners' application for waiver of the cooling off period provided under sec. 13-B of the Hindu Marriage Act, 1955 ('the said Act'). The petitioners got married on 18/7/2021 as per Hindu rituals in Pune. It is the petitioners' case that there were differences between them after a period of one year, and hence, they started residing separately on 10 th October 2022. Though reconciliation attempts were made by their well-wishers, friends and families, they failed, and ultimately, they decided to seek a divorce by mutual consent. In terms of the amicable settlement between the parties, petitioner no. 2 agreed to pay an amount of Rs.10.00 lakhs towards permanent alimony. Accordingly, petitioners filed a petition for dissolution of their marriage by mutual consent in the Family Court at Pune on 13/3/2024 and the same was registered on 20/3/2024. Since the parties had already been residing separately since 10/10/2022, they also filed an application for waiver of the six months period and requested for a decree for the 2.9369.24 wp.docx dissolution of their marriage. The said application is rejected by the Family Court on 4/6/2024. Hence, this petition.

(3.) Learned counsel for the petitioners submitted that in spite of making attempts, parties were unable to reconcile their differences, so they decided to apply for dissolution of their marriage. He further submitted that it was impossible for the parties to reside together. Hence, they applied for a waiver of the statutory period. He further submitted that the learned Judge of the Family Court has rejected the application on the ground that there was no case made out to exercise the discretion to waive the statutory period of six months. However, he submits that the learned Judge has not given any reasons for rejecting the application.