PRASANG Vs. VAISHNO

JUDGEMENT

(1.) This miscellaneous petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dtd. 27/2/2023, passed in RCS (Hindu Marriage) case no.243/2023 whereby, the petitioner's application seeking waiving of cooling off period of 6 months has been rejected on the ground, that requisite period of 18 months has not lapsed after the party started residing separately.

(2.) Brief facts of the case are that the petitioner/husband and respondent/wife got married on 2/7/2021, however due to irreconcilable differences they started residing separately from 2/8/2021, and thus they resided together for 30 days only and since all the efforts of their reconciliation failed, both of them have filed an application on 30/1/2023, under Sec. 13(B) of the Hindu Marriage Act (hereinafter to be referred as "Act of 1955"). On 17/2/2023 an application under sec. 21(B) of the Act of 1955 seeking waiving of cooling off period of 6 months under Sec. 13(B)(2) of the Act of 1955 was also filed, which has been dismissed by the learned Judge of the Family Court vide impugned order dtd. 27/2/2023, holding that the application for divorce ought to have been filed after completion of 18 months period from the date of separation and in the present case it has only been filed after 17 months.

(3.) Counsel for the petitioner has submitted that settlement has already taken place between the parties and the petitioner has already paid a sum of Rs.17,50,000.00 (Rs. Seventeen Lacs Fifty Thousand only) to the respondent through demand draft, document regarding which is also placed on record.