MITALI SINGI Vs. VARUN SINGI

JUDGEMENT

(1.) Rejection by the Family Court of an application preferred jointly by the rival parties (husband and wife) for waiving cooling period of six months in a pending divorce petition u/S. 13-B of Hindu Marriage Act has impelled the petitioner to invoke supervisory jurisdiction of this court under Article 227 of the Constitution of India.

(2.) Learned counsel for the petitioner is heard.

(3.) A petition seeking divorce by mutual consent u/S. 13-B of Hindu Marriage Act was moved by the rival parties before the Family Court accompanied by application seeking waiver of cooling period of six months, on the ground that the rival parties are not cohabiting since last more than 18 months, there is no hope of settlement or resumption of cohabitation, and the rival parties are embroiled in various litigation launched against each other since last seven years where possibility of resumption of matrimonial accord has extinguished and thus waiting for another six months for grant of divorce by mutual consent would amount to prolonging the agony. The said application also contained averments that all pre-conditions for divorce by mutual consent have been fulfilled by both parties.