NIVEDITA TAMRKAR Vs. AKSHAY VISHWAKARMA

JUDGEMENT

(1.) The counsel for the petitioner by the instant petition is challenging the order dtd. 20/2/2024 passed by the Second Additional Principal Judge, Family Court, Jabalpur, whereby the application filed by the petitioner for ignoring the cooling period so as to consider the application of consent decree of divorce, has been rejected.

(2.) Although, from perusal of impugned order it reveals that the family court has rejected the application mainly on the ground that the parties have not filed any document that they are going to get married after getting decree of consent divorce and, therefore, it was found improper for the Court to relax that period.

(3.) However, I am not satisfied and convinced with the reasoning assigned in the impugned order for the reason that as per the averments made in the application, both husband and wife have been residing separately since 2017 and there is no possibility of any reconciliation between them and as such, that period can be relaxed.