SUSHANT KUMAR SAHU Vs. MOHINI SAHU

JUDGEMENT

(1.) This Miscellaneous Petition under Article 227 of Constitution of India has been filed seeking following relief(s):-

(2.) It is submitted by counsel for petitioner that petitioner and respondent got married to each other. They are residing separately from the year 2017. They moved an application under Sec. 13-B of Hindu Marriage Act for dissolution of their marriage dtd. 30/01/2015. An application under Sec. 13-B of Hindu Marriage Act was filed on 01/07/2024 and their statements were recorded on 02/07/2024. The Trial Court has fixed the case for 10/01/2025 for recording of their second statements. It is submitted by counsel for petitioner that Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur reported in (2017) 8 SCC 746 has held that the cooling off period of six months is not mandatory but it is directory in nature and therefore, petitioner moved an application for waiver of the cooling off period which has been rejected by the trial Court.

(3.) Challenging the order passed by Court below, it is submitted by counsel for petitioner that since petitioner is the resident of Bhopal whereas the case is pending at Jabalpur, therefore it is difficult for him to appear before the trial Court very frequently and thus, the Trial Court should have waived off the cooling period of six months.