POOJA (SMT.) Vs. TARUN

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 03.08.2017 by which the learned Family Court, Indore has refused to condone the cooling of period of six months for grant of divorce under Section 13-B of Hindu Marriage Act, 1955. The marriage between the petitioner and respondent was solemnized on 03.01.2002 and after living for eight years they started living separately because the dispute arose between them. They jointly filed an application for divorce by way of mutual consent under Section 13-B of Hindu Marriage Act, 1955. After the first motion they filed an application dated 24.07.2017 seeking waiver of six months cooling off period. By order dated 03.08.2017 learned Family Court has rejected the application on the ground that statutory cooling off period cannot be waived by the Family Court, hence, the present petition is filed before this court.

(2.) Now the Apex Court in the case of Amardeep Singh v. Harveen Kaur passed in Civil Appeal No. 11158/2017 vide judgment dated 12.09.2017, reported in 2017 (III) MPWN 69 , has held that the period mentioned in Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

(3.) The Apex Court has further held that the Family Court can reduce the six months period if certain conditions are fulfilled. Para 18 to Para 23 of the aforesaid judgment are reproduced below:-