AYUSHI DOSHI Vs. NONE

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken for final disposal.

(2.) This petition takes exception to the order passed by the Family Court No. 4, Mumbai, on 23/8/2024 below Exhibit 10 for waiver of the cooling off period provided under sub-sec. (2) of Sec. 13B of The Hindu Marriage Act ('the said Act'). The petitioners filed a petition under Sec. 13B for dissolution of their marriage by consent. The petition was filed on 19/6/2024. Thereafter, petitioners filed an application below exhibit 10, praying for waiver of the cooling off period of six months as provided under sub-sec. (2) of Sec. 13B of the said Act.

(3.) The learned Judge of the Family Court has partly allowed the application; however, referred the parties for counselling for the first motion and directed to list the matter for the second motion on 6/11/2024. The said order is impugned in this petition. Learned Judge in the operative order has recorded that the application is partly allowed; however, has not passed any order regarding waiving the cooling off period. A perusal of the impugned order indicates that all the decisions regarding the principles that are settled with reference to cooling off period were tendered before the learned Judge.