RAKESH SONI Vs. VANDANA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the impugned order dtd. 10/12/2025 passed by the Additional Judge to the Court of Principal Judge, Family Court, District Indore in RCS-HM No.1931/2025 by which the application filed by petitioner and respondent under Sec. 13-B(2) of the Hindu Marriage Act, 1955 (in short "HMA") has been rejected.

(2.) It is undisputed that the marriage between the parties has irretrievably broken down as many attempts have been made for settlement and reunion of the parties but all failed and thus parties have decided not to live together and agree for mutual dissolution of marriage. The parties are not fulfilling any marital obligations towards each other and they are living separately since last more than five years and there is no slightest of possibility of reconciliation.

(3.) Counsel for the petitioner submits that both the parties have filed joint petition under Sec. 13-B of the HMA for divorce by mutual consent before the Family Court, Indore. He further submits that an application for waiving off cooling period of 6 months as stipulated in sub-sec. 2 of Sec. 13-B of HMA was filed before the Family Court contending therein that statutory period of 6 months is not mandatory, but directory in nature, which can be waived off in the interest of justice and thus prayed for waiving off the cooling period. The petitioner has already handed over the demand of Rs.5.50 lacs to the respondent towards alimony and all the pending cases between them have been withdrawn. The Family Court has rejected their application by the impugned order and directed the parties for mediation on 5/5/2026. Hence this petition is filed before this Court.