MADHURI KUMAWAT Vs. ABHINAV KUMAWAT

JUDGEMENT

(1.) Heard through video conferencing.

(2.) By this miscellaneous petition, the petitioner has challenged the order of the Family Court dated 21/8/2020 whereby petitioner's application for waiving the cooling off period for divorce by mutual consent has been rejected.

(3.) The brief facts are that marriage between the petitioner and the respondent was solemnised on 4/2/2014 and as per the plea taken by the parties the respondent had started living separately in her parental house from 4/10/2014, thereafter the proceedings under the Domestic Violence Act, proceeding for maintenance and other criminal cases were registered and which are pending. Further case of the parties is that a compromise has been arrived at between the parties to seek divorce by mutual consent and on 25/1/2020 parties have filed a joint application for divorce by mutual consent u/S.13-B of the Hindu marriage Act in which their preliminary statements were recorded on 27/7/2020 and conciliation also failed and an application for waiving the cooling off period of six months was filed, but that has been wrongly rejected by the impugned order and the matter has now been fixed for recording of final statement on 4/1/2021.