POOJA Vs. VIVEK SHRIVASTAV

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dtd. 7/12/2022, passed in Case No.HMA-5102/2022 by the Principal Judge, Family Court, Indore whereby the petitioner"™s application for waiver of cooling off of the period of one year and six months for entertaining the petition filed under sec. 13-B of the Hindu Marriage Act for divorce by mutual consent has been rejected.

(2.) Counsel for the petitioner has submitted that the marriage between the petitioner and the respondent solemnized on 26/6/2012, and subsequently due to matrimonial disputes, they are residing separately since 2/7/2021. They have decided to resolve their dispute by filing an application for divorce by mutual consent and thus on 22/9/2022, i.e. after a period of one year from the date they started living separately, the application has been filed under sec. 13-B of the Hindu Marriage Act. On 6/12/2022, the parties jointly filed an application for cooling off the minimum period of six months on the ground that they are residing separately since 2/7/2021. The aforesaid application has been rejected by the Principal Judge, Family Court, Indore relying upon the judgment passed by the Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur reported in the year 2017 Vol.8 SCC 746 , and holding that it is mandatory for the parties to complete the period of six months after the divorce petition has been filed. Counsel for the petitioner has submitted that the aforesaid issue has already been decided by the court on 19/9/2022 in M.P. No.4135/2022 (Vaibhav Pancholi Vs. Priya) and also by the coordinate bench of this Court in case of (Kirti Mansare Vs. Ashish Mansare) in M.P. No.5924/2022 decided on 7/12/2022, wherein this court has also taken into account the decision rendered by the Supreme Court in case of Amardeep Singh (Supra) and has held that such application for waiver of cooling off period can be allowed.

(3.) Counsel for the respondent has submitted that the application ought to have been allowed as the parties have already decided to part their ways after reasonable deliberation and have filed the application for divorce by mutual consent on 2/7/2021 and as of now it has already been.